SAINT CHRISTOPHER AND NEVIS
No. of 2025
A BILL to amend the Advanced Passenger Information and Passenger Name Act No. 32 of 2024,
BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:
1. Short title.
This Act may be cited as the Advanced Passenger Information and Passenger Name (Amendment) Act, 2025.
2. Interpretation.
In this Act
“Act” means the Advanced Passenger Information and Passenger Name Act, No. 32 of 2024. 3. Amendment of section 2.
The Act is amended in section 2 as follows:
(a) by replacing the definition of “Embarkation and Disembarkation data” with the following:
“Embarkation and Disembarkation data” means information concerning a passenger, crew member, or any other individual travelling on an aircraft or vessel who is expected to embark or disembark in Saint Christopher and Nevis, as set out in Schedule 1(c) and such data shall be submitted first and foremost to the Competent Authority of Saint Christoper and Nevis which shall process and validate the information before any further transmission and once reviewed the Competent Authority shall ensure the onward transmission of Embarkation and Disembarkation Data to IMPACS via the CEMSIW, in accordance with established protocols and agreements.
(b) by replacing the definition of “CARICOM Advance Passenger and Crew Information System” or “Caricom APIS” with the following:
“CARICOM Advance Passenger and Crew Information System” or “Caricom APIS” means the Caricom Electronic Manifest Single Window (CEMSIW) for Advance Passenger Information and Passenger Name Record data interchange, which is
(a) managed by JRCC, established for the collection, processing and analysis of passenger and crew data to facilitate travel and to identify high risk travellers or potential threats to regional and national security or public safety, and operates in coordination with the Competent Authority for the initial receipt, validation, and processing of API and PNR data;
(b) established for the transmission, collection, processing and screening of API and PNR data, first by the Competent Authority, and subsequently by IMPACS, for watchlist checks and other security purposes;
(c) established to facilitate the transmission and processing of API and PNR data in support of the regulatory requirements of Saint Christopher and Nevis;
(c) by replacing the definition of “PNR data transfer as follows:
“PNR data transfer” means the transfer of PNR data first to the Competent Authority, which processes and validates the data prior to its onward transmission to IMPACS via the CEMSIW, in the format set out in Schedule VI;
(d) by replacing the definition of “push method” as follows
“push method” means the method used for the transfer of PNR data from airlines, vessels, or transportation operators to the Competent Authority, which then ensures onward transmission to IMPACS via the CEMSIW, in accordance with established protocols and agreements;
(e) by replacing in the definition of “Watch List”, the expression, “IMPACS and” with the expression, “IMPACS or”.
(f) by inserting in the correct alphabetical order the following new definition:
“ “WCO” means the World Customs Organisation”.
4. Amendment of section 5.
The Act is amended in section 5 as follows:
(a) in subsection (1), by replacing it as follows
“ (1) A master, captain, or agent of every aircraft or vessel shall first submit the relevant API and PNR data, as specified in Schedule IV, to the
Competent Authority which shall
(a) receive and process the data; and
(b) ensure that the data is then transmitted to IMPACS via the CEMSIW in accordance with established protocols and agreements.”.
(b) in subsections (3) and (4), by replacing them with the following new subsections (3), (4), (5), (6) and (7) and renumbering accordingly as follows
“ (3) Where a flight is code-shared between one or more aircraft, a captain or agent of the operating carrier shall first submit the API and PNR data of all
passengers and crew to the Competent Authority.
(4) The Competent Authority shall then process and validate the data before transmitting the data to IMPACS via the CEMSIW, in accordance with established protocols.
(5) The requirement referred to in subsection (1) shall apply irrespective of any contractual or commercial arrangements with partner airlines, and no carrier shall be exempt from compliance on the basis of any organizational, commercial, or contractual arrangements to circumvent this obligation, except in cases explicitly recognized as force majeure by the Competent Authority.
(6) A passenger or crew member traveling into and out of Saint Christopher and Nevis shall first submit the relevant embarkation and disembarkation data that is set out in Schedule I (C), to the Competent Authority.
(7) The Competent Authority shall process and validate the data before ensuring its onward transmission to IMPACS via the CEMSIW, in accordance with established protocols.”.
5. Amendment of section 7.
The Act is amended in section 7 subsection (1) paragraph (c) by replacing it as follows
“(c) establish a PIU to manage and conduct risk assessments and analysis of the API and PNR data collected from aircraft and vessels, which shall be
initially received, processed, and validated by the Competent Authority, and subsequently transmitted to the PIU and IMPACS via the CEMSIW, for the purpose of prevention, detection, investigation, and prosecution of terrorism and serious crime, and submit the results to the law enforcement personnel at ports of entry in Saint Christopher and Nevis, using appropriate tools, technologies, and intelligence methodologies”.
6. Amendment of section 9.
The Act is amended in section 9 by
(a) replacing the expression, “For the purposes of this Act”, with the following expression,
“For the purposes of this Act, IMPACS shall, subsequent to the initial receipt, validation, and processing of API and PNR data by the Competent Authority of Saint Christopher and Nevis”;
(b) replacing paragraphs (b), (d), (f) and (i) as follows
“ (b) maintain a centralized database or system for the storage, management, and further analysis of API and PNR data previously validated by the Competent Authority;
(d) facilitate authorized sharing of previously validated API and PNR data with national and international entities involved in border control, immigration, security, law enforcement, or other authorized purposes, as approved by CONSLE, following initial processing by the Competent Authority;
(f) produce reports, assessments, or intelligence briefings based upon validated API and PNR data received from the Competent Authority, providing insights and recommendations exclusively to the Competent Authority and other authorized entities approved by CONSLE;
(i) establish clear procedures for the depersonalization and anonymization of PNR data received from the Competent Authority, safeguarding individual privacy rights;”.
7. Amendment of section 11.
The Act is amended in section 11 by
(a) replacing subsection (1) paragraph (b) as follows:
“ 1(b) manage and conduct risk assessments and analyses of API and PNR data received from the Competent Authority, and share the outcomes of such analyses with law enforcement personnel at ports of entry in Saint Christopher and Nevis using appropriate secure tools, technologies, and intelligence methodologies;”;
(b) replacing subsection (3) paragraph (a) as follows
“ 3(a) coordinate with the Competent Authority and, where necessary, IMPACS, to conduct risk assessments of passengers and crew prior to their scheduled arrival or departure from Saint Christopher and Nevis, to identify individuals who require further examination by the Competent Authority;”.
8. Amendment of section 13.
The Act is amended in section 13 as follows
(a) in subsection 5 by
(i) inserting immediately after paragraph (b), the expression, “and”; and (ii) by inserting immediately after paragraph (b), the following new paragraph (c)
“ (c) be developed and applied in accordance with relevant international standards and best practices established by recognized international organizations, including but not limited to ICAO, IATA, and the WCO.”
(b) in subsection 8 by replacing the expression, “within a secure location or locations within Saint Christopher and Nevis”, with the following expression, “within a secure datacenter or data centers”.
9. Amendment of section 17.
The Act is amended in section 17 subsection (1) by replacing the subsection as follows
“ (1) The captain, master, or agent of every aircraft or vessel, shall firstly submit to the Competent Authority the relevant API data as specified in internationally recognized standards established by relevant international organizations, including IATA, ICAO, and the
WCO, in accordance with the established protocols and timelines set out in Schedule II and the Competent Authority shall receive, process, and validate such data before ensuring its onward transmission to IMPACS via the CEMSIW.”.
10. Amendment of section 18.
The Act is amended in section 18 by replacing it as follows
“ 18. API Data Elements.
(1) Any aircraft or vessel arriving, departing from, or transiting through
Saint Christopher and Nevis shall transmit API data to the Competent Authority, in a manner consistent with the list of API data elements internationally recognized and established by relevant international organizations, including the IATA, the ICAO, and the WCO.
(2) Upon successful initial validation and processing of the data received, the Competent Authority shall securely ensure the onward transmission of validated API data to IMPACS via the CEMSIW.”.
11. Amendment of section 23.
The Act is amended in section 23 by replacing subsections (1), (2) and (3) as follows:
“ (1) A captain or agent of an aircraft shall provide to the Competent
Authority by the push method, the relevant PNR data which it has collected in the normal course of business in respect of passengers to be carried by that aircraft into and out of Saint Christopher and Nevis, and upon completion of its initial validation and processing, the Competent Authority shall securely ensure the onward transmission of validated PNR data to IMPACS via the CEMSIW, in accordance with established protocols.
(2) Where a flight in respect of which PNR data is required to be collected and transmitted is code-shared between one or more aircraft, a captain or agent of the operating carrier shall transmit the PNR data of all passengers on the flight to the Competent Authority and the Competent Authority shall, following initial validation and processing of the data, securely and promptly transmit the validated PNR data to IMPACS via the CEMSIW, in strict accordance with established protocols, security measures, and applicable data protection laws.
(3) A captain or agent of an aircraft shall transfer PNR data to the Competent Authority, in accordance with the timelines stipulated in Schedule III and the Competent Authority shall process and validate such data before ensuring its onward transmission to IMPACS via the CEMSIW.”.
12. Amendment of section 24.
The Act is amended in section 24 by replacing subsections (1), (2) (3) and (8) as follows:
“ (1) A master or agent of a vessel shall provide to the Competent Authority by the push method, the relevant PNR data which it has collected in the normal course of business in respect of passengers to be carried by that vessel into and out of Saint Christopher and Nevis, and upon completion of this initial validation and processing, the Competent Authority shall securely ensure the onward transmission of validated PNR data to IMPACS via the CEMSIW, in accordance with established protocols.
(2) Where a commercial or private vessel in respect of which PNR data is required to be collected and transmitted is code-shared between one or more vessels, a master or agent of the operating carrier shall transmit the PNR data of all passengers on the vessel to the Competent Authority which shall, following initial validation and processing of the data, securely and promptly transmit the validated PNR data to IMPACS via the CEMSIW, in strict accordance with established protocols, security measures, and applicable data protection regulations.
(3) A captain or agent of a vessel shall transfer PNR data to the Competent Authority of Saint Christopher and Nevis, in strict accordance with the timelines stipulated in Schedule IV and the Competent Authority shall initially receive, process, and validate such data before ensuring its onward transmission to IMPACS via the CEMSIW.
(8) A master or agent of a vessel shall accurately complete and submit information, including such information related to health, crew effects, ship stores, and dangerous goods first and foremost to the Competent Authority for initial processing and validation, in accordance with the data elements as reflected in Schedule V, and upon successful validation, the Competent Authority shall securely and promptly forward the validated information to IMPACS via the CEMSIW for further processing.”.
13. Amendment of section 25.
The Act is amended in section 25 by replacing subsections (1) and (5) as follows
“ (1) Subject to subsections (4) and (5), any aircraft or vessel arriving, departing from, or transiting through Saint Christopher and Nevis shall transfer Passenger Name Record (PNR) data collected in the course of their normal business operations first and foremost to the Competent Authority by the push method, using the PNRGOV message format and the Competent Authority shall validate and process such data before securely transmitting the validated PNR data onward to IMPACS via the CEMSIW, in accordance with established protocols.”.
“(5) The PNR data to be transmitted shall be consistent with the data elements set out in internationally recognized standards and best practices established by relevant international organizations, including but not limited to the IATA, the ICAO, and the WCO.”.
14. Amendment of section 26.
The Act is amended in section 26 by replacing subsection (1) as follows
“ (1) Subject to subsection (2), every aircraft or vessel operating flights or voyages arriving in, departing from, or transiting through Saint Christopher and Nevis shall first transmit the PNR to the Competent Authority by the push method, in accordance with Schedule III or Schedule IV, respectively and following initial validation and processing, the Competent Authority shall securely transmit the validated PNR data onward to IMPACS via the CEMSIW.”.
15. Amendment of section 31.
The Act is amended in section 31 by replacing subsection (1) as follows
“ (1) PNR data transfered by a captain or agent of an aircraft, or a master or agent of a vessel shall first be received, validated, and processed by the Competent Authority and following initial validation and onward transmission to IMPACS via the CEMSIW, the validated PNR data shall be depersonalised within six months of initial receipt by the Competent Authority, thereby no longer enabling the direct identification of passengers or crew, except when the data remains necessary for use in connection with an identifiable ongoing case, investigation, or an immediate threat or risk as stipulated by this Act.”.
16. Amendment of Schedule I.
The Act is amended in Schedule 1 by repealing Parts (A) and (B).
17. Amendment of Act.
The Act is amended in Schedule II by replacing Part (A), subparagraphs (1) to (5) as follows “ Schedule II
(A) Timeframe for submission of API
(1) API data shall be transmitted at clearly defined intervals relative to flight departure time, specifically: (a) 12 hours before the scheduled flight departure time; and
(b) 60 minutes before the scheduled departure time; and
(c) 30 minutes before the estimated departure time; and
(d) time zero which represents the actual time of departure where flight closure has been completed, that is once the passengers and crew have boarded the aircraft in preparation for departure and it is no longer possible for passengers and crew to board or leave.
(2) In case of a vessel arriving from outside the regional space, only one (1) transmission is required no later than 12 hours prior to arrival.
(3) In case of a vessel arriving from a destination within the regional space, no later than 1 hour prior to the arrival of the vessel from the last port of call.
(4) In the event of any changes to the flight or vessel header data or data relating to an individual on board, an updated API file is required prior to departure of the aircraft or vessel.
(5) In emergency situations, submissions shall be made as soon as practicable where deemed necessary by the Competent Authority.
18. Amendment of Schedules III and IV
The Act is amended in Schedules III and IV as follows
(a) “Schedule III
An aircraft shall transfer PNR data to the Competent Authority by electronic means in accordance with the following timelines –
(a) 48 hours before the scheduled flight departure time; and
(b) 24 hour(s) before the scheduled flight departure time; and
(c) 6 hours before the scheduled flight departure time; and
(d) time zero which represents the actual time of departure where flight closure has been completed, that is once the passengers and crew have boarded the aircraft in preparation for departure and it is no longer possible for passengers and crew to board or leave; or
(e) in the event of technical failure or difficulty, by any other appropriate means with a tolerance of 30 minutes after the departure ensuring the same level of technical and organisational security. (f) where a flight is cancelled, submissions in keeping with the timeframes articulated above prior to the cancellation are still required. Only submissions due after time of cancellation are not required. (g) in emergency situations, submissions shall be made as soon as practicable where deemed necessary by the Competent Authority.”.
(b) Schedule IV
A vessel shall transfer PNR data to the Competent Authority by electronic means in accordance with the following timelines –
(a) 48 hours before the scheduled voyage departure time; and
(b) 24 hour(s) before the scheduled voyage departure time; and
(c) 6 hours before the scheduled voyage departure time; and
(d) time zero which represents the actual time of departure, that is once the passengers and crew have boarded the vessel in preparation for departure and it is no longer possible for passengers and crew to board or leave; or
(e) in the event of technical failure or difficulty, by any other appropriate means with a tolerance of 30 minutes after the departure ensuring the same level of technical and organisational security. (f) where a voyage is cancelled, submissions in keeping with the timeframes articulated above prior to the cancellation are still required. Only submissions due after time of cancellation are not required. (g) in emergency situations, submissions shall be made as soon as practicable where deemed necessary by the Competent Authority.
19. Amendment of Act.
The Act is amended by repealing Schedule VI.
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Lanein K. Blanchette
Speaker
Passed by the National Assembly this day of , 2025.
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Trevlyn Stapleton
Clerk of the National Assembly
