Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697639826048.pdf (Antigua and Barbuda)
ANTIGUA AND BARBUDA THE QUARANTINE BILL, 2020 No.

OF 2020 The Quarantine Bill, 2020 3 No.

of 2020 No.

of 2020 4 The Quarantine Bill, 2020 ANTIGUA AND BARBUDA THE QUARANTINE BILL, 2020 ARRANGEMENT OF CLAUSES CLAUSES PART I – PRELIMINARY 1.

2.
2.

Short Title and Commencement ............................................................................................... 8 Interpretation ............................................................................................................................ 8 3.

Overriding principle ............................................................................................................... 12 PART II – QUARANTINE AUTHORITY 4.
Establishment of Quarantine Authority .................................................................................. 12 5.

Composition of Quarantine Authority.................................................................................... 13 6.

Functions of the Quarantine Authority................................................................................... 13 7.
Delegation of powers of the Quarantine Authority ................................................................ 14 PART III – NATIONAL IHR FOCAL POINT 8.

Appointment of National IHR Focal Point ............................................................................ 14 9.

Functions of the National IHR Focal Point ............................................................................ 15 PART IV – DESIGNATING OFFICERS ETC.

10.
10.

Visiting Officers ..................................................................................................................... 16 11.

Quarantine Officers ................................................................................................................ 16 12.
Analysts, screening officers and other officers ...................................................................... 16 13. Review officers ...................................................................................................................... 16 The Quarantine Bill, 2020 5 No.

of 2020 14.

Certificate of Designation ...................................................................................................... 16 PART V – QUARANTINE FACILITY 15.
Establishment of Quarantine Facility ..................................................................................... 17 16.

Private buildings as Quarantine Facility ................................................................................ 17 PART VI – CONVEYANCES 17.

General policy ........................................................................................................................ 17 18.
Core capacity requirements at Points of Entry ....................................................................... 17 19.

Declarations of Health ........................................................................................................... 18 PART VII – FREE PRATIQUE 20.

General policy as to granting of free pratique ........................................................................ 19 21.
Use of Flags and signals ......................................................................................................... 19 22.

Obtaining free pratique .......................................................................................................... 19 23.

Free Pratique not available ..................................................................................................... 19 24.
Ships not granted free Pratique to be visited .......................................................................... 20 25.

Granting Free Pratique ........................................................................................................... 20 26.

Public health officer may grant free pratique or Quarantine .................................................. 20 27.

Restrictions on boarding or leaving a conveyance coming from foreign port ....................... 21 28.
Conveyance in transit ............................................................................................................. 21 PART VIII – PROVISIONS AS TO A CONVEYANCE IN QUARANTINE No.

of 2020 6 The Quarantine Bill, 2020 29.

Status: Quarantine .................................................................................................................. 22 30.
Diversion Order ..................................................................................................................... 22 31.

Quarantine guards .................................................................................................................. 22 32.

Duty of Conveyance Operator ............................................................................................... 22 33.
Inspection for vector borne diseases ...................................................................................... 22 34.

Confirmation of presence of infectious disease ..................................................................... 23 35.

Communication of information to passengers........................................................................ 24 36.

Acceptance of vector control measures by other States ......................................................... 24 37.
Follow up inspection for Vector borne-diseases .................................................................... 24 38.

Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate ............. 24 PART IX – SHIP SANITATION CONTROL EXEMPTION CERTIFICATE/SHIP SANITATION CONTROL CERTIFICATE 39.

Vector free area ...................................................................................................................... 25 PART X – GOODS, CONTAINERS AND CONTAINER LOADING 40.
Goods not to be loaded on ship in Quarantine ....................................................................... 25 41.

Entry of goods, baggage and container ` ................................................................................ 26 42.

General Principles .................................................................................................................. 26 PART XI – TREATMENT OF TRAVELLERS 43.
Prohibiting entry of persons ................................................................................................... 27 44.

Obligation on travellers .......................................................................................................... 27 45.

Duty to disclose communicable disease ................................................................................. 27 46.
Screening of Travellers .......................................................................................................... 28 The Quarantine Bill, 2020 7 No.

of 2020 47.

Screening officer may prohibit entry of traveller ................................................................... 28 48.

Power of Health Officer to order isolation, observation or surveillance ................................ 28 49.
Places for observation and isolation of persons ..................................................................... 28 50.

Isolation ................................................................................................................................. 28 51.

Duties of persons under observation or surveillance .............................................................. 28 52.
Traveller under surveillance to notify of change of address .................................................. 29 53.

Change of place during surveillance ...................................................................................... 29 54.

Observation instead of surveillance ....................................................................................... 29 55.
Observation ............................................................................................................................ 29 56.

Implementation of health measures........................................................................................ 30 57.

Compliance with health measures .......................................................................................... 30 58.
Passenger Health Certificate .................................................................................................. 30 59.

Arrest without a warrant ........................................................................................................ 30 PART XII – CHARGES 60.

Charges for sanitation measures ............................................................................................. 31 61.
Offences and penalties ........................................................................................................... 31 PART XIII –MISCELLANEOUS PROVISIONS 62.

Emergency Orders.................................................................................................................. 32 63.

Effect of Order ....................................................................................................................... 32 64.
General duty to comply with orders ....................................................................................... 33 65.

Regulations ............................................................................................................................ 33 66.
Repeals and savings ............................................................................................................... 34 SCHEDULE I – LIST OF INFECTIOUS DISEASES SCHEDULE II – PROTOCOL FOR DEALING WITH SPECIFIED DISEASES No.

of 2020 8 The Quarantine Bill, 2020 ANTIGUA AND BARBUDA THE QUARANTINE BILL, 2020 NO.
OF 2020 AN ACT to prevent the introduction and spread of communicable diseases to protect against, control and provide a public health response to the International spread of disease and for related matters.

ENACTED by the Parliament of Antigua and Barbuda as follows- PART I PRELIMINARY 1.

Short Title and Commencement (1) This Act may be cited as the Quarantine Act 2020.
(2) This Act shall come into operation on a date to be appointed by the Minister by Notice published in the official Gazette and the Minister may appoint different dates for the coming into force of different parts of this Act.

2.
Interpretation In this Act the following words and phrases shall be interpreted as follows – “aerodome” means any area of land, water or other supporting surface used, designed, prepared, equipped or set apart for use or designated either in whole or in part for the arrival, departure and surface movement of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith; “affected” means persons, baggage, cargo, containers, conveyances, goods, postal parcels or human remains that are infected or contaminated, or carry sources of infection or contamination, so as to constitute a public health risk; “affected area” means a geographical location specifically for which health measures have been recommended by the WHO in relation to an infectious disease listed in Schedule I; “aircraft” See “Conveyance” “arrival of a conveyance” means: The Quarantine Bill, 2020 9 No.
of 2020 (a.)

in the case of a seagoing vessel, arrival or anchoring in a defined area of a port; (b.)
in the case of an aircraft, arrival at an airport; “competent authority” means an authority responsible for the implementation and application of health measures under this Act; “container loading area” means a place or facility set aside for containers used in international traffic; “contamination” means the presence of an infectious or toxic agent on a human or animal body surface, or in or on a product prepared for consumption, or on an inanimate article or object and that may constitute a public health risk; “communicable disease” means- a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health; or a disease listed in Schedule I, and includes an infectious agent that causes a communicable disease.
“conveyance” means an aircraft, vessel or other means of transportation, including a cargo container that arrives in Antigua and Barbuda or is in the process of departing from Antigua and Barbuda.

“core capacity requirement” refers to the basic material and human resource needs of a designated port to deal with potential public health risks.
“deratting” means the procedure whereby health measures are taken to control or kill rodent vectors of human disease present in baggage, cargo, containers, conveyances, facilities, goods and postal parcels at a point of entry or a designated port; “designated port” for the purposes of this Act, refers to an area appointed by the Minister for the arrival of a conveyance which has been highlighted or tagged as carrying an infected person or an infectious substance; “disease” means an illness or medical condition that presents or could present significant harm to humans, irrespective of origin or source”; “disinfection” means the procedure whereby health measures are taken to control or kill infectious agents on a human or animal body surface or in or on baggage, cargo, containers, conveyances, goods and postal parcels by direct exposure to chemical or physical agents; “disinsection” means the use of insecticides on some conveyance undertaking an international voyage to protect public health, agriculture and the environment from disease, “event” means a manifestation of disease or an occurrence that creates a potential for disease; “free pratique” means permission for- No.
of 2020 10 The Quarantine Bill, 2020 a ship to enter a port and to embark or disembark, discharge or load cargo or stores; or an aircraft, after landing, to embark or disembark, discharge or load cargo or stores; “goods” mean tangible products, including animals and plants, or a product or by product of animals or plants that is transported on an international voyage, including for utilization on board a conveyance; “health measure” mean procedures applied to prevent the spread of disease or contamination, but does not include law enforcement or security measures; “Public Health Officer” includes a medical practitioner acting under the direction of the Quarantine Authority or a Health Officer for the purpose of executing the functions of such officer under the Act; “IHR 2005” refers to the International Health Regulations of 2005 “infection” means the entry and development or multiplication of an infectious agent in the body of humans and animals that may constitute a public health risk; “infectious agent” refers to the presence of bacteria, viruses, fungi, or parasites; “infectious disease” means any epidemic or acute infectious disease such as those listed in Schedule I and includes active tuberculosis but does not include a venereal disease; “inspection” means the examination, by or under the supervision of a competent authority, of an area, baggage, container, conveyance, facility, goods or postal parcel, and of relevant data and documentation, to determine if a public health risk exists; “international traffic” means the movement of persons, baggage, cargo, containers, conveyances, goods or postal parcels across an international border, and includes international trade; “international voyage” means –in the case of a conveyance, a voyage between points of entry in the territories of more than one State; or in the case of a traveller, a voyage involving entry into the territory of a State other than the State from which that traveller commenced the voyage; “isolation” means separation of ill or contaminated
 persons or affected baggage, containers, conveyances, goods or postal parcels from others in such a manner as to prevent the spread of infection or contamination; “intrusive” means possibly provoking discomfort through close or intimate contact or questioning; “invasive” refers to a method of performing medical examination that involves the puncture or incision of the skin or insertion of an instrument or foreign material into the body or the examination of a body cavity, but does not include the medical examination of the ear, nose or mouth, or a temperature assessment of a person using an ear, oral or cutaneous thermometer or thermal imaging, a medical inspection, auscultation, external palpation, retinoscopy, The Quarantine Bill, 2020 11 No.
of 2020 external collection of urine or faeces or saliva samples, external measurement of blood pressure, and electrocardiography.
“medical examination” means the preliminary assessment of a person by an authorized health worker or by a person under the direct supervision of the competent authority, to determine the person’s health status and potential public health risk to others, and may include the scrutiny of health documents, and a physical examination of a person when justified by the circumstances of the individual case; “National IHR Focal Point” means the committee designated under this Act and which shall be accessible at all times for communications with WHO IHR Contact Points; “notifiable event” refers to an event, irrespective of origin or source, the nature of the underlying agent, disease, mode of transmission, or whether arising outside of its known usual occurrence patterns and which, in the opinion of the Quarantine Authority, has the potential for a public health risk and requires immediate action to reduce such an occurrence”; “observation” means the detention under medical supervision of persons in such places and for such periods as may be directed by a Health Officer; “personal data” means any information relating to an identified or identifiable natural person; “point of entry” means a passage for international entry or exit of travellers, baggage, cargo, containers, conveyances, goods and postal parcels including auxiliary areas servicing the point of entry or exit; “port” means a seaport where ships on an international voyage arrives or departs; “postal parcel” means an addressed article or package carried internationally by postal or courier services; “public health emergency of international concern” or “PHEIC” means an extraordinary event which is determined, as provided in this Act or regulations made under this Act: (a.)
to constitute a public health risk to other States through the international spread of disease; and (b.)
to potentially require a coordinated international response; “public health observation” means the monitoring of the health status of a traveller over time for the purpose of determining the risk of disease transmission; “public health risk” means the likelihood of an event occurring that may affect adversely the health of human populations, with emphasis on a health risk which may spread internationally or may present a serious and direct danger to human health; “quarantine” means the imposition of restrictions on the activities, or the separation from others, of persons who are suspected of being affected, or of suspect baggage, containers, No.
of 2020 12 The Quarantine Bill, 2020 conveyances or goods, in such a manner as to prevent the possible spread of infection or contamination; “Quarantine Authority” means the Quarantine Authority established under section 4 of the Act; “quarantine facility” means any place that is used for the detention of a traveler or of a conveyance; “Quarantine Officer” means the appropriate officer appointed as such under section 11 of the Act or a person authorized to act as such in the case in question by virtue of his office, or employment; “reservoir” means an animal, plant or substance in which an infectious agent normally lives and whose presence may constitute a public health risk; “ship” means a seagoing or inland navigation vessel on an international voyage “surveillance” means the systematic ongoing collection, collation and analysis of data for public health purposes and the timely dissemination of public health information for assessment and public health response as necessary; “traveller” means a natural person, and includes the operator of a conveyance who arrives or is in the process of departing from Antigua and Barbuda; “vector” means an insect or other animal capable of transmitting a communicable disease; “Visiting Officer” means the appropriate officer appointed as such under section 10 of the Act or a person authorized to act as such in the case in question by virtue of his office or employment; “WHO” or “the Organization” refers to the World Health Organisation.
3.

Overriding principle The overriding principle behind the operation and enforcement of this Act and of any regulations made pursuant to this Act is the need to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks and which avoid unnecessary interference with in and trade whilst respecting the humanity of the affected person.

PART II QUARANTINE AUTHORITY 4.


Establishment of Quarantine Authority There is established a Quarantine Authority under the direction of the Chief Medical Officer.

The Quarantine Bill, 2020 13 No.

of 2020 5.

Composition of Quarantine Authority The Authority shall comprise of the following persons – (a.)

The Chief Medical Officer (b.)


The Chief Health Inspector (c.) The Comptroller of Customs (d.) Principal Nursing Officer (e.) A Member of Antigua and Barbuda Department of Marine Services (f.) Chief Immigration Officer (g.) A Legal Counsel from the Ministry of Legal Affairs; (h.) A Representative from Port Authority (i.)

A Representative from the National Office of Disaster Preparedness (j.)

A Representative of Antigua and Barbuda Airport Authority 6.
Functions of the Quarantine Authority The Quarantine Authority shall – (a.)

be responsible for monitoring baggage, cargo, containers, conveyances, goods, postal parcels and human remains departing from Antigua and Barbuda, or arriving from an affected area, as the case may be, so that they are maintained in such a condition that they are free of sources of infection or contamination, including vectors and reservoirs; (b.)
ensure, as far as possible, that facilities used by travelers at points of entry are maintained in a sanitary condition and are kept free of sources of infection or contaminant, including vectors and reservoirs; (c.) ensure that at all points of entry appropriate levels of hygiene and sanitation are observed as well as ensuring effective vector, rodent and environment control measures and procedures are enforced; (d.) be responsible for the supervision of any deratting, disinfection, disinsection, or decontamination of baggage, cargo, containers, conveyances, goods, postal parcels and human remains or sanitary measures for persons as appropriate under these regulations; (e.) advise conveyance operators, as far in advance as possible, of the intention to apply control measures to a conveyance, and provide, where available, written information concerning the health measures to be applied to the conveyance; No.
of 2020 14 The Quarantine Bill, 2020 (f.) be responsible for the supervision of the removal and the safe disposal of any contaminated water or food, human or animal dejecta, wastewater and any other contaminated matter from a conveyance; (g.) take all practical measures consistent with this Act and the regulations made pursuant to this Act, to monitor and control the discharge by ships of sewage, refuse, ballast water and any potentially disease-causing matter which might contaminate the waters of a port, river, canal, strait, lake or other international waterways; (h.) be responsible for the supervision of service providers in the provision of services concerning travellers, baggage, cargo, containers, conveyances, goods, postal parcels, and human remains at point of entry, including the conduct of inspections and medical examinations as necessary; (i.)
have effective contingency arrangements to deal with an unexpected public health event ; (j.)

communicate with the national IHR focal point on the relevant public health measures to be taken in a case of a health risk or potential health risk; (k.) be responsible for public education and public notification of potential event (l.) implement regulations passed pursuant to this Act; and (m.) be responsible for instituting measures to prevent, and to protect against the spread of public health risks.

7.
7.

Delegation of powers of the Quarantine Authority Subject to the provisions of this Act, the Quarantine Authority may delegate to any member or committee formed from its membership, the power and authority to carry out any of the duties of the Authority under this Act.

PART III NATIONAL IHR FOCAL POINT 8.


Appointment of National IHR Focal Point (1) For the purpose of this Act and any regulations made pursuant to the provisions of this Act, reference to the National IHR Focal Point is a reference to the Ministry of Health.

(2) The duties of the National IHR Focal Point shall be performed by a committee comprised of the following five (5) persons – (a.)

Chief Veterinary Officer (b.)

Chief Medical Officer; The Quarantine Bill, 2020 15 No.
of 2020 (c.) Medical Officer of Health (d.) Chief Health Inspector (e.) Director of NODS 9.

Functions of the National IHR Focal Point The National IHR Focal Point may – (a.)

engage in collaborative risk assessment with WHO regarding public health events, risks and public health emergencies of international concern; (b.)
disseminate any information to the competent authority, the quarantine authority and the Minister that the National IHR Focal Point considers relevant; (c.) liaise with the relevant authorities on point of entry capacity; (d.) coordinate analysis of national public health events and risks; (e.) with the concurrence of the Quarantine Authority, coordinate the national emergency response systems (f.) provide advise to senior health and other government officials on notification requirements of IHR 2005; (g.) provide advice to senior health and other government officials on the implementation of the WHO recommendations to prevent the international spread of disease; (h.) ensure the assessment of existing surveillance and response capacity and identification of improvement and development needs, including training needs at the national level; (i.)
cooperate with the WHO to provide support to intervention programmes that prevent or respond to epidemics and other public health emergencies; (j.)
report on progress with the assessment, planning and establishment of core capacities; (k.) coordinate the provision of public messages by the WHO and the Quarantine Authority; (l.) provide intercountry or intra-regional coordination and information exchange geared at advancing Antigua and Barbuda and the regions readiness to respond to a public health risk; (m.) consult with WHO on an appropriate response to events not requiring formal notification.

No.
No.

of 2020 16 The Quarantine Bill, 2020 PART IV DESIGNATING OFFICERS 10.

Visiting Officers (1) The following persons are by virtue of their employment Visiting officers under this Act – (a.)

a custom officer; (b.)

an immigration officer; (c.) a public health officer; (d.) a public health inspector; (e.) an officer of the Plant Protection Unit.
(2) A Visiting Officer shall perform his duties and functions under this Act in accordance with such general and specific instructions given to him or her by the Quarantine Authority.

11.

Quarantine Officers The Minister may on the recommendation of the Quarantine Authority designate medical practitioners, public health inspectors, public health officers, health care practitioners, or classes of such persons, as quarantine officers.

12.
12.

Analysts, screening officers and other officers The Minister may on the recommendation of the Quarantine Authority designate a custom officer, an immigration officer, a public health officer, an officer of the national Laboratory, a veterinary officer or such other qualified persons, or classes of qualified persons as analysts, screening officers or health officers.
13. Review officers The Minister may on the recommendation of the Quarantine Authority designate any number of medical practitioners as review officers.

14.

Certificate of Designation (1) The Minister shall provide a certificate of designation to every officer designated to perform any duty in an official capacity under this Act.

(2) A designated officer shall – (a.)

produce the certificate of designation upon request by an operator of a conveyance; (b.)
in the performance of his duties under this Act, show his certificate of designation to a person whom he intends to question.

The Quarantine Bill, 2020 17 No.

of 2020 PART V QUARANTINE FACILITY 15.

Establishment of Quarantine Facility (1) The Minister may establish quarantine facilities at any place deemed appropriate in Antigua and Barbuda.
(2) The Minister may by order designate any building or part of a building as a quarantine facility or for the temporary use as a quarantine facility, if the Quarantine Authority considers it to be appropriate.

(3) An order under subsection (2) may be amended or revoked at any time on the advice of the Quarantine Authority by Order made by the Minister and published in the official Gazette.

16.
16.

Private buildings as Quarantine Facility If a privately owned building or part of such a building is designated as a Quarantine Facility, the owner of the building shall be entitled to a fair rental payment for the building for the duration of the time that the building remains a designated quarantine facility.

PART VI CONVEYANCES 17.


General policy No conveyance shall be prevented from arriving at a Point of Entry in Antigua and Barbuda for a public health reason, except in accordance with the provisions of this Act.

18.

Core capacity requirements at Points of Entry (1) All points of entry shall be equipped with – (a.)

potable drinking water (b.)

interview room (c.) quarantine room (d.) public bathroom (e.) a police out station (f.) a medic station (g.) a fire station No.
of 2020 18 The Quarantine Bill, 2020 (h.) Emergency Medical Services (2) All points of entry shall – (a.)

establish and maintain effective communication links with every member of the Quarantine Authority; (b.)
establish and maintain effective communication links with the national hospital, police department, fire department and the Central Board of Health; (c.) establish, operate and maintain a national public health emergency response plan; (d.) establish and maintain an effective system of waste disposal; (e.) establish and apply an effective system of entry for arriving travellers.

19.
19.

Declarations of Health (1) The Operator of a conveyance shall inform the Competent Authority of the health situation on board a conveyance prior to its arrival.

(2) The Operator of a conveyance shall inform the Competent Authority of any reasonable grounds to suspect that – (a.)

any person, cargo or other thing on board the conveyance could cause the spreading of a communicable disease listed in the schedule I; (b.)
a person on board the conveyance has died; or (c.) a person on board the conveyance has symptoms indicative of a communicable disease; (d.) any prescribed circumstances exist in relation to the conveyance requiring medical attention.

(3) The information provided pursuant to subsections (1) and (2) shall be – (a.)

in the appropriate Health Declaration Form (Form A, B or C); and (b.)
in the case of a ship or other seagoing vessel, must be signed by the ship’s master or owner and countersigned by the ship’s surgeon if one is carried on board.

(4) The Health Declaration Form shall be submitted to the competent authority not later than 24 hours before the arrival of the aircraft or vessel in Antigua and Barbuda.
(5) In the event of any changes to the health situation on board occurring after the submission of the appropriate Health Declaration Form, the operator of the conveyance shall notify the Competent Authority in Antigua and Barbuda of the details of the change.
(6) The Minister may, in consultation with the Quarantine Authority, waive any of the requirements of this section in such circumstances and subject to such conditions as the Minister may prescribe where the conveyance is – The Quarantine Bill, 2020 19 No.

of 2020 (a.)

a military or law enforcement conveyance; or (b.)

on official state business.

PART VII FREE PRATIQUE 20.

General policy as to granting of free pratique (1) No ship shall be refused free pratique for a public health reason.
(2) Free pratique may be granted by radio or other means of telecommunication allowable under regulations to this Act.

(3) The Visiting Officer may attach such conditions to the granting of free pratique as the Quarantine Authority considers relevant to prevent the spread of an infection, suspected infection or contamination.

21.

Use of Flags and signals All ships arriving in Antigua and Barbuda from a foreign Port must show one of the signals set out in Schedule III until free pratique is granted.

22.
22.

Obtaining free pratique (1) The Visiting Officer may grant the application for radio free pratique if he is satisfied from the communication and any other information in his possession that no person on board the ship has symptoms which may be indicative of infectious disease and that there are no circumstances in relation to the ship requiring medical attention.
(2) The Master of a ship that has been granted radio free pratique shall, immediately upon arrival at a designated port in Antigua and Barbuda, deliver to the Visiting Officer – (a.)

the maritime declaration of health in Form A; and (b.)

the ship’s sanitation control certificate in Form C; or (c.) the ship’s sanitation control exemption certificate in Form C; (3) The Visiting Officer shall return the documents mentioned in subsection (3) to the Master after his examination of the documents.

23.
23.

Free Pratique not available A Visiting Officer shall not grant free pratique to a ship prior to its arrival at a point of entry if he has reason to believe that a person on board the ship has symptoms which may be indicative of an No.

of 2020 20 The Quarantine Bill, 2020 infectious disease or that there are circumstances in relation to the ship that require medical attention.

24.
24.

Ships not granted free Pratique to be visited (1) A ship not granted free pratique shall be visited by the Visiting Officer on arrival at a point of entry.

(2) The Master of the ship shall immediately produce to the Visiting Officer the Maritime Declaration of Health, and such other of the ship’s documents which the Visiting Officer may desire to inspect.
(3) The Visiting Officer may put such questions to the Master of the ship, to the ship’s surgeon and to any other person on board the ship as he may deem advisable for the execution of his duties, and the persons to whom questions are put are obligated to answer the questions of the Visiting Officer.

25.
25.

Granting Free Pratique (1) A Visiting Officer may grant free pratique to a ship on visiting the ship, if he is satisfied from the Maritime Declaration of Health and any other documents, including the ship’s documents, that during the voyage or, in the case of a voyage lasting longer than six weeks, during the six weeks immediately preceding the arrival of the ship – (a.)

there has been no death or case of illness on board suspected to be due to infectious disease; (b.)
there has been no circumstance in relation to the ship requiring medical attention; (c.) the ship did not call at an infected port prior to its arrival in Antigua and Barbuda; (d.) the ship was not overcrowded or in an insanitary condition; (e.) the Master, or the Ship’s surgeon, has signed a declaration to the effect that there is no reason why free pratique should not be granted to the ship.
(2) If a Visiting Officer, who is not a public health officer, is not satisfied by his examination of the ship’s documents that free pratique should be granted to the ship, the Visiting Officer shall immediately inform a public health officer of his concerns; (3) A public health officer, who has received information pursuant to subsection (2) shall immediately visit the ship and shall perform the duties of a Visiting Officer as if the ship had not been previously visited.

26.
26.

Public health officer may grant free pratique or Quarantine (1) Notwithstanding section 25, a public health officer who is performing the duties of a Visiting Officer, shall grant free pratique if he is satisfied that: The Quarantine Bill, 2020 21 No.

of 2020 (a.)

none of the measures for which provision has been made in this Act or any regulation made pursuant to this Act, except for those relating to things and persons disembarked, are applicable to the situation; and (b.)
all measures that are required to be observed and taken have already been so observed and taken; (2) If subsection (1) does not apply, the public health officer may delay the granting of free pratique for such reasonable period to facilitate an inspection of the ship.

27.
27.

Restrictions on boarding or leaving a conveyance coming from foreign port No person shall board or leave a conveyance that arrives in Antigua and Barbuda from a foreign port prior to the conveyance been granted free pratique unless such person – (a.)

is acting in the execution of his duties under this Act; (b.)
is a pilot; (c.) is authorized by a public health officer to board or leave the conveyance, and (i) he has provided all such information requested by a public health officer including information as to his name, state of health and origin, information as to places recently visited, his regular address; and (ii) if requested by a public health officer, he has signed a certificate of origin and destination in a form approved by the Quarantine Authority.

28.
28.

Conveyance in transit (1) No health measure shall apply to a conveyance which – (a.)

is a ship not coming from an affected area and which passes through a waterway in Antigua and Barbuda on its way to a port in the territory of another State.

(b.)
(b.)

is a ship which passes through the territorial waters of Antigua and Barbuda without calling at a Port or on the coast; and (c.) is an aircraft in transit at an Airport in Antigua and Barbuda, except that the aircraft may be restricted to a particular area of the airport with no embarking and disembarking of members of crew or passengers, or the loading and unloading of passengers baggage, goods or other cargo.
(2) An aircraft within the meaning of sub-section (1) (c) shall be permitted to take on fuel, water, food and supplies under the supervision of the Quarantine Authority or an Officer authorized by the Quarantine Authority.

No.

of 2020 22 The Quarantine Bill, 2020 PART VIII PROVISIONS AS TO A CONVEYANCE IN QUARANTINE 29.

Status: Quarantine A conveyance that has not been granted radio free pratique or free pratique upon being visited by a public health officer is deemed to be in Quarantine.

30.
30.

Diversion Order A public health officer may give such directions to the Operator of the conveyance in quarantine including diverting the conveyance from the place of its original destination in Antigua and Barbuda to another place in Antigua and Barbuda, if the public health officer reasonably believes that doing so is necessary to prevent the introduction and spread of a communicable disease.

31.
31.

Quarantine guards A public health officer may place on board any conveyance in quarantine such quarantine guards as the public health officer may think necessary.

32.

Duty of Conveyance Operator The operator of the conveyance shall: (a.)

facilitate inspection of cargo, containers and conveyance; (b.)
facilitate medical examinations of persons on board; (c.) assist with implementing treatment of the baggage, cargo, containers, conveyances, goods, postal parcels or human remains to remove infection or contamination, including vectors and reservoirs; (d.) facilitate the application of other health measures under this Act; (e.) answer any relevant question put to him by a visiting officer or a public health officer; (f.) provide the public health officer with a valid ship sanitation control certificate or ship sanitation control (exemption) certificate, or a Maritime Declaration of Health , or the Health Part of an Aircraft General Declaration and any other public health information or record in his possession.
33.

Inspection for vector borne diseases (1) A conveyance shall be regarded as suspect and shall be inspected for vectors and reservoirs if – (a.)

it has a possible case of vector-borne disease on board; (b.)

a possible case of vector-borne disease occurred on board during an international voyage; The Quarantine Bill, 2020 23 No.
of 2020 (c.) it has left an affected area within a period of time where on-board vectors could still carry disease (2) Every conveyance leaving a Point of Entry situated in an area where vector control is recommended should be disinfected and kept free of vectors.

(3)The presence of vectors on board a conveyance and the control measures used to eradicate them shall be included: (a.)
In the case of an aircraft, in the Health Part of the Aircraft General Declaration, unless this part of the Declaration is waived by the competent authority at the airport of arrival; (b.)

In the case of ships, on the Ship Sanitation Control Certificates; and (c.) In the case of other conveyances, on a written proof of treatment issued to the consignor, consignee, carrier, the person in charge of the conveyance or their agent, respectively.

34.
34.

Confirmation of presence of infectious disease (1) If the public health officer confirms the presence of an infectious agent or a source of contaminant in or on the conveyance, the public health officer may take such measures as may be required in the circumstances including the – (a.)

medical inspection of the crew and passengers; (b.)
isolation of the sick either on board or on shore; (c.) surveillance or observation of the crew and passengers, who have been exposed to infection, for 14 days or for the period established as the incubation period of the disease counting from the last day of possible exposure to infection; (d.) screening of the crew and passengers; (e.) disinfection of clothing and other articles and of the parts of the ship which the public health officer may consider infected; (f.) examination of food and water if considered sources of infection and the application of appropriate measures; (g.) destruction of animals, birds and insects which may be considered as potential vectors of the disease.
(h.) disinfection, decontamination, disinsecting, or derating the conveyance as appropriate.

(2) The disinsecting, derating, disinfection, decontamination and other sanitary procedures shall be carried out so as to avoid injury and as far as possible discomfort to persons, or damage to No.

of 2020 24 The Quarantine Bill, 2020 the environment in a way which impacts on public health, or damage to baggage, cargo, containers, conveyances, goods and postal parcels.

35.
35.

Communication of information to passengers The operator of the conveyance shall inform the travellers, if any on board, of the control measures to be carried out on the conveyance by the Quarantine Authority and where possible, provide the travellers with relevant information on the health measures recommended for assessing, observing, controlling and minimizing any public health risk.

36.
36.

Acceptance of vector control measures by other States It shall not be necessary to apply vector control measures to a conveyance that was treated in another State using the methods and materials advised by WHO except – (a.)

Where that other State has recommended a follow-up treatment of vector control measures; (b.)
Where there is verifiable information that the vector control measures applied by the other State was unsuccessful; (c.) Where the vectors of the disease are present in Antigua and Barbuda 37.
Follow up inspection for Vector borne-diseases (1) If a follow up inspection and treatment is required to determine the success of the vector control measures applied at the quarantine facility in Antigua and Barbuda, the competent authorities for the next known port or airport of call with a capacity to make such an inspection shall be informed of this requirement in advance by the competent authority advising such follow- up.
(2) In the case of a ship, the requirement for a follow-up inspection shall be noted on the Ship Sanitation Control Certificate.

PART IX SHIP SANITATION CONTROL EXEMPTION CERTIFICATE/SHIP SANITATION CONTROL CERTIFICATE 38.
Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate (1) On the arrival of a ship from a foreign port, the Visiting Officer shall call for the Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate which shall be in Form C. (2) If the Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate is not produced, or is not valid, the Visiting Officer shall immediately inform a public health officer who shall then make arrangements for an inspection of the ship to ascertain whether the ship is maintained free of rats, other vectors and reservoirs.
The Quarantine Bill, 2020 25 No.

of 2020 (3) The inspection of the ship shall be done when the ship and holds are empty; or in the case of a ship in ballast, before the ship is loaded.

(4) If the public health officer is satisfied that the ship is free of infection and contamination, including vectors and reservoirs, the competent authority may issue a Ship Sanitation Control Exemption Certificate.
(5) If, after the ship has been inspected, the public health officer is of the opinion that the ship is infested with rats, the public health officer may order the ship deratised using control measures approved by the World health Organization.

(6) If, control measures have been satisfactorily completed, the public health officer shall sign and issue a Ship Sanitation Control Certificate noting the evidence of infection or contamination found and the control measures taken.
(7) If, for whatever reason, satisfactory control measures are not available or cannot be successfully performed, the public health officer may – (a.)

cause the ship to work in quarantine; (b.)

endorse on the Ship Sanitation Control Certificate that satisfactory results could not be obtained; and (c.) if the Ship Sanitation Control Certificate is not valid, extend the period of validity for the Ship Sanitation Control Certificate by one month.
(8)Where subsection (7) applies, the public health officer shall immediately notify the competent authority at the next port of call for which the conveyance is departing of the evidence found on the conveyance, the inability to perform satisfactory control measures and the control measures required to be performed on the conveyance.

PART X GOODS, CONTAINERS AND CONTAINER LOADING 39.


Vector free area The competent authority shall ensure that all areas where containers are stored for international voyage are kept free from sources of infection or contamination, including vectors and reservoirs.

40.
40.

Goods not to be loaded on ship in Quarantine (1) No merchandise, stores, baggage, personal effects or other articles shall be taken off or put on board a ship which has not been granted free pratique, except with the general or special permission of the public health officer.

No.

of 2020 26 The Quarantine Bill, 2020 (2) A person who contravenes subsection (1) commits an offence.

41.
41.

Entry of goods, baggage and container ` (1) The entry of merchandise and baggage arriving at a suitably equipped point of entry shall in all cases be permitted, but the following measures may be applied where, in the opinion of the public health officer, there is danger of infection from a specified infectious disease – (a.)
in the case of plague, disinsectisation or disinfection of recently used bedding and clothing and prohibition of the unloading of merchandise from an infected area which is likely to harbour rats or fleas unless adequate precautions to prevent the escape of rats and fleas and to ensure their destruction are taken; (b.)
in the case of cholera, disinfection of recently used bedding and clothing and prohibition of the importation of fresh fish, shellfish and vegetables; (c.) in the case of typhus, disinsectisation of recently used bedding and clothing and of rags not carried as merchandise in bulk; (2) Notwithstanding subsection (1) the Minister may by Order prohibit or subject to such conditions the importation into Antigua and Barbuda of any class of goods from a foreign country or a specified part of a foreign country if the Quarantine Authority reasonably believes that – (a.)
There is a contamination or disease in the foreign country which may be transmitted on or in the goods to be imported; (b.)

The introduction of goods or a class of goods from that foreign country will pose a risk to humans, animals or plant life in Antigua and Barbuda to prevent contamination or infection of human, animal or plant in Antigua and Barbuda from the importation of the goods.
(3) An Order made under subsection (2) shall remain in force for the period specified in the order and may be renewed if the conditions in subsection (2) continue to apply.

(4) The Minister, acting on the advice of the Quarantine Authority, may vary or rescind any Order made under this section.

PART XI TREATMENT OF TRAVELLERS 42.


General Principles In the application of this Act, travellers shall be treated with respect for their dignity, human rights and fundamental freedoms and in a manner which minimises discomfort or distress associated with implementing health measures, including – The Quarantine Bill, 2020 27 No.
of 2020 treating travellers with courtesy and respect; taking into consideration the gender, socio-cultural, ethnic or religious concerns of travellers; and providing or arranging for adequate food and water, appropriate accommodation and clothing, protection for baggage and other possessions, appropriate medical treatment, means of necessary communication, if possible in a language that they can understand, and other appropriate assistance for travelers who are in quarantine, in isolation, or subject to medical examination or other procedures for public health responses.
43.

Prohibiting entry of persons (1) Notwithstanding section 42, the Minister acting on the advice of the Quarantine Authority may, by Order, prohibit entry, or permit entry subject to conditions, of any person or class of persons wanting to enter Antigua and Barbuda from a foreign country, if the Quarantine Authority believes on reasonable grounds that – (a.)
there is an outbreak of a communicable disease in the foreign country from which the person or class of persons has travelled or been in contact; (b.)
the introduction or spread of the disease would pose an imminent and severe risk to public health; (c.) the entry of that person or members of that class of persons may introduce or contribute to the spread of the communicable disease in Antigua and Barbuda; and (d.) no reasonable alternatives to prevent the introduction or spread of the disease are available.
(2) An Order made under this section shall remain in force for the period specified in the order and may be renewed if the conditions in subsection (1) continue to apply.

(3) The Minister, acting on the advice of the Quarantine Authority, may vary or rescind any Order made under this section.

44.

Obligation on travellers (1) Every person who travels to Antigua and Barbuda shall immediately after entering, present themselves to a screening officer at the nearest point of entry.
(2) Every person who leaves Antigua and Barbuda shall immediately before departure, present themselves to a screening officer or quarantine officer at the departure point.

45.
45.

Duty to disclose communicable disease Any traveler who has reasonable grounds to suspect that they have or might have a communicable disease listed in Schedule I, or are infested with vectors, or that they have recently been in close proximity to a person who has, or is reasonably likely to have, a communicable disease listed in Schedule I, or who is infested with vectors, shall disclose that fact to a screening officer or quarantine officer upon arrival at a point of entry in Antigua and Barbuda.

No.
No.

of 2020 28 The Quarantine Bill, 2020 46.

Screening of Travellers (1) A screening officer may, to determine whether a traveller has a communicable disease or symptoms of one, screen a traveller by use of any screening technology authorised by the Quarantine Authority that does not involve the entry into the traveller’s body of any instrument or other foreign body.
(2) A screening officer may, for the purpose of assisting with the assessment under subsection (1) require a traveller to undergo a medical examination, vaccination or other prophylaxis or to produce proof of vaccination or other prophylaxis against a specified communicable disease.

47.

Screening officer may prohibit entry of traveller A Screening Officer may prohibit the entry of a person who has unreasonably refused to – (a.)

provide proof of vaccination or prophylaxis; (b.)


undergo screening; or (c.) be isolated.

48.

Power of Health Officer to order isolation, observation or surveillance A Health Officer may, in his own discretion, place a person arriving in Antigua and Barbuda and who - (a.)

is suffering from or is suspected to be suffering from a specified infectious disease; (b.)
is suffering from or is suspected to be suffering an infectious disease other than a specified infectious disease; (c.) has been exposed to the risk of infection by any specified infectious disease, or (d.) has been exposed to a risk of infection by an infectious disease other than a specified infectious disease, (e.) under surveillance, observation or in isolation.

49.
49.

Places for observation and isolation of persons No person shall enter or leave a place and no article shall be taken to or be removed from a place used for the observation and isolation of travellers without the specific permission of a Health Officer.

50.

Isolation A screening officer may, without directives from a Health Officer or quarantine officer, isolate a traveller, either individually or within a group, until the traveller is assessed by a Health Officer or quarantine officer.

51.
51.

Duties of persons under observation or surveillance A person placed under observation or surveillance shall- The Quarantine Bill, 2020 29 No.

of 2020 (a.)

provide the Visiting Officer with all health information as may be reasonably required to assess the public health risks of the traveller; (b.)
provide the Visiting Officer with information as to possible source of contamination or infection; (c.) comply with the orders and instructions of such visiting officer or authorized officer; (d.) submit to such non-intrusive medical inspection and examination as a public health officer may require; and (e.) submit himself and his personal effects or other articles to disinfection and other measures as a public health officer may order.

52.
52.

Traveller under surveillance to notify of change of address Any person under surveillance who intends to proceed to an address other than that originally given by him shall immediately notify the public health officer responsible for his surveillance of the new address.

53.
Change of place during surveillance The Health Officer responsible for the surveillance of a person who is about to proceed to some other place before the period of surveillance has ended shall inform the health authorities of the place to which such person is proceeding of his impending arrival and address there, and of the period of surveillance still uncompleted, and shall also instruct the person under surveillance as to whom he shall report for medical inspection when he arrives at such other place.
54.

Observation instead of surveillance In cases where surveillance is imposed under these regulations it may be replaced by observation in any of the following circumstances- (a.)

when it is impossible to exercise surveillance with adequate efficiency; (b.)
if the risk of the introduction of infection into Antigua and Barbuda is deemed exceptionally serious; (c.) if the public health officer is satisfied that the person who has been or should be subjected to surveillance has not complied or is not likely to comply with the conditions of surveillance.

55.

Observation As soon as any person placed under observation has undergone the observation necessary for the particular case, the person shall be released from observation by the public health officer.

No.
No.

of 2020 30 The Quarantine Bill, 2020 56.

Implementation of health measures (1) A traveller shall, as much as reasonably possible, be informed of any health measure to be taken under this Act in regards to the traveller before the measure is taken.

(2) A traveller shall not be required to undergo an invasive medical examination, vaccination, prophylaxis or health measure without the traveller’s expressed informed consent or that of the traveller’s parent or guardian.
(3) Health measures taken in regards to a traveller shall be undertaken without delay and applied in a manner that is transparent and non-discriminatory.

(4) A traveller, or the parent or guardian of a traveller, shall be informed of any risk associated with vaccination or non-vaccination, or with the use or non-use of prophylaxis before any vaccination or other prophylaxis is given to the traveller.

57.
57.

Compliance with health measures Every traveller shall comply with all reasonable measure ordered by a screening officer or health officer for the purpose of preventing the introduction and spread of a communicable disease.

58.

Passenger Health Certificate (1) Passengers who have been subjected to sanitary measures shall be entitled to a free certificate from the public health officer indicating the date of their arrival and the measures to which they and their baggage have been subjected.
(2) The passenger health certificate shall not be valid unless it is in Form D, alternatively, it is certificate that has been issued by the Armed Forces to an active member of those Forces and embodies the same or substantially the same medical information as required by Form D. (3) A passenger health certificate shall not be valid unless it – (a.)

is written in English; (b.)


is signed by a medical practitioner or other authorized health worker supervising the administration of the vaccine or prophylaxis; (c.) bears the official stamp of the administering centre; (d.) the vaccine or prophylaxis used has been approved by WHO.

59.

Arrest without a warrant (1) A screening officer or a health officer may direct any police officer to arrest without a warrant any traveller who – (a.)

refuses to be isolated; (b.)


refuses to comply with recommended health measures to prevent the introduction and spread of a communicable disease.

The Quarantine Bill, 2020 31 No.

of 2020 (2) A person who is arrested under subsection (1) shall be taken before the Quarantine Authority without delay.

PART XII MISCELLANEOUS PROVISIONS 60.


Charges for sanitation measures (1) The Quarantine Authority may levy a charge against the master or owner of a conveyance for any sanitation measures ordered under sections 34(1) or 41(1) or both.

(2) The Quarantine Authority may require the amount of the charge for the work or a part thereof to be paid to or deposited with the Quarantine Authority before the work is undertaken.
(3) Where any expenses or charges remains payable, the Quarantine Authority, Harbour Master or any authorised customs officer, may refuse to clear the conveyance until all liability in respect of the expenses or charges has been discharged.

61.

Offences and penalties (1) A person who – (a.)


refuses to answer or knowingly gives an untrue answer to any inquiry made under the authority of this Act, or intentionally withholds any information reasonably required of him by any officer or other person acting under the authority of this Act, or knowingly furnishes to any such officer or other person any information which is false; (b.)
refuses or wilfully omits to do any act which he is required to do by this Act, or refuses or wilfully omits to carry out any lawful order, instruction or condition made, given or imposed by any officer or other person acting under the authority of this Act; (c.) Assaults, resists, wilfully obstructs, or intimidates any officer or other person acting under the authority of this Act, or offers or gives a bribe to any officer or person in connection with his powers or duties under this Act, or being such officer or person demands, solicits or takes a bribe in connection with his powers or duties under this Act, or otherwise obstructs the execution of this Act; (d.) makes a False Declaration on the health Declaration Form; or (e.) fails to notify the competent authority of a change in the health situation No.
of 2020 32 The Quarantine Bill, 2020 (f.) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding Twenty-five Thousand dollars or six months imprisonment or to both such fine and imprisonment.

(2) A person who commits any offence under this Act other than an offence falling within subsection (1) is liable on summary conviction to a fine not exceeding Twenty Thousand dollars or to imprisonment for six months or to both such fine and imprisonment.

62.
62.

Emergency Orders (1) If, in the opinion of the Quarantine Authority, a public health emergency exists, the Quarantine Authority shall advice the Minister to make an Order of the measures to be taken during the continuance of the emergency to protect the public and to control and limit the spread of the disease or contamination and the risk of infection to the public.

(2) The Minister may, with the advice of the Quarantine Authority, vary or rescind any Order made under subsection (1).
(3) An Order made under this section may – (a.)
prohibit or subject to such conditions the importation into Antigua and Barbuda of any class of goods from a foreign country or a specified part of a foreign country if the Quarantine Authority reasonably believes that – (i) there is a contamination or disease in the foreign country which may be transmitted on or in the goods to be imported; (ii) the introduction of goods or a class of goods from that foreign country will pose a risk to humans, animals or plant life in Antigua and Barbuda to prevent contamination or infection of human, animal or plant in Antigua and Barbuda from the importation of the goods.
(b.)
prohibit entry, or permit entry subject to conditions, of any class of persons wanting to enter Antigua and Barbuda from a foreign country, if the Quarantine Authority believes on reasonable grounds that - (i) there is an outbreak of a communicable disease in the foreign country; (ii) the introduction or spread of the disease would pose an imminent and severe risk to public health; (iii) the entry of members of that class of persons may introduce or contribute to the spread of the communicable disease in Antigua and Barbuda; and (iv) no reasonable alternatives to prevent the introduction or spread of the disease are available.
63.

Effect of Order The Order under section 58 has effect for the period specified in the order and may be renewed if the conditions on which the Order was made continue to apply.

The Quarantine Bill, 2020 33 No.

of 2020 64.
General duty to comply with orders Every person to whom this Act and the regulations made under this Act shall apply, shall comply with all such orders, instructions and conditions, and shall furnish all such information as the Quarantine Authority, Health Officer or authorized officer may reasonably require, including information as to his name, destination and address, and every person who has for the time being the custody or charge of a child or other person who is under disability shall comply with any orders, instructions or conditions so given, made or imposed and shall furnish all such information as aforesaid in respect of such child or other person.
65.

Regulations (1) The Minister may, on the recommendation of the Quarantine Authority, make regulations for the more effective carrying out of the functions, duties and powers of the competent authority and officers under this Act.

(2) Regulations made under this Act may provide for – (a.)

the prevention of danger to public health from conveyance or person or thing coming to the point of entry; and (b.)
the prevention of the spread of infection, by means of any conveyance about to leave any place, or by means of any person or thing about to leave in any conveyance (c.) the collection and transmission of epidemiological and sanitary information; (d.) the signals to be displayed by conveyances; (e.) the questions to be answered and the information to be provided by a traveler, master, captain, crew and any other person who is or may have been on board a conveyance; (f.) regulating the grant or withdrawal of pratique; (g.) regulating the issue of bills of health, certificates, and other documents; (h.) the better administration of this Act and for giving effect to regulations from time to time passed by the World Health Organization (WHO) (i.)
guidelines for the governance of point of entry facility; (j.)

procedures to be adopted in dealing with travelers and vessels detained at point of entry facility or taken for examination pursuant to the regulations; (k.) guidelines for operating observation and isolation centres; (l.) best sanitation practices for point of entry, ports of entry, aerodomes and their surroundings, including measures to keep them free from rodents, mosquitoes, and other vectors.

No.

of 2020 34 The Quarantine Bill, 2020 66.


Repeals and savings (1) The Quarantine Act, Cap.

361 is hereby repealed.

(2) Subject to subsection (3), this Act replaces as between Antigua and Barbuda and other States bound by the IHR 2005 including amendments thereto, and as between Antigua and Barbuda and WHO the provisions of the following international sanitary agreements and regulations – (a.)

International Sanitary Convention, signed in Paris, 21 June 1926; (b.)
International Sanitary Convention for Aerial Navigation, signed at the Hague, 12 April 1933; (c.) International Agreement for dispensing with Bills of Health, signed in Paris, 22 December 1934; (d.) International Agreement for dispensing with Consular Visas on Bills of Health, signed in Paris, 22 December 1934; (e.) Convention modifying the International Sanitary Convention of 21 June 1926, signed in Paris, 31 October 1938; (f.) International Sanitary Convention, 1944, modifying the International Sanitary Convention of 21 June 1926, opened for signature in Washington, 15 December 1944; (g.) International Sanitary Convention for Aerial Navigation, 1944, modifying the International Sanitary Convention of 12 April 1933, opened for signature in Washington, 12 December 1944; (h.) Protocol of 23 April 1946 to prolong the International Sanitary Convention, 1944, signed in Washington; (i.)
Protocol of 23 April 1946 to prolong the International Sanitary Convention for Aerial Navigation, 1944, signed in Washington; (j.)

International Sanitary Regulations, 1951, and the Additional Regulations of 1955, 1956, 1960, 1963 and 1965; and (k.) the International Health Regulations of 1969 and the amendments of 1973 and 1981.
(3) The Pan American Sanitary Code, signed at Havana, 14 November 1924, shall remain in force with the exception of Articles 2, 9, 10, 11, 16 to 53 inclusive, 61 and 62, to which the relevant part of subsection (2) shall apply.
(4) Nothing in this Act shall prejudice the application of common rules and standards between Antigua and Barbuda and the Member States of the Organization of Eastern Caribbean States (OECS) or Member States of the Caribbean Community (CARICOM) for the prevention and The Quarantine Bill, 2020 35 No.

of 2020 spread of communicable diseases or contamination in these regional economic integration organizations.

No.
of 2020 36 The Quarantine Bill, 2020 SCHEDULE I LIST OF INFECTIOUS DISEASES (Sections 2, 32 and 46) Active pulmonary tuberculosis Meningococcal meningitis Anthrax Meningococcemia Argentine haemorrhagic fever Pandemic influenza type A Bolivian haemorrhagic fever Plague Botulism Poliomyelitis Brazilian haemorrhagic fever Rift Valley fever Cholera Severe acute respiratory syndrome Crimean-Congo haemorrhagic fever Diptheria Smallpox Tularemia Ebola haemorrhagic fever Typhoid fever Lassa fever Venezuelan haemorrhagic fever Marburg haemorrhagic fever Yellow fever Measles zoonotic diseases The Quarantine Bill, 2020 37 No.
of 2020 SCHEDULE II FORMS APPROVED BY THE QUARANTINE AUTHORITY FORM A - Model Maritime Declaration of Health; Attachment to Model of Maritime Declaration of Health FORM B Health Part of the Aircraft General Declaration FORM C Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate Attachment to Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate FORM D Model International Certificate of Vaccination or Prophylaxis No.
of 2020 38 The Quarantine Bill, 2020 FORM A The Quarantine Bill, 2020 39 No.

of 2020 No.

of 2020 40 The Quarantine Bill, 2020 FORM B The Quarantine Bill, 2020 41 No.

of 2020 FORM C No.

of 2020 42 The Quarantine Bill, 2020 The Quarantine Bill, 2020 43 No.
of 2020 MODEL INTERNATIONAL CERTIFICATE OF VACINNATION OR PROPHYLAXIS FORM D if This is to certify that (name) ……………………………, date of birth ……………………….., identification sex ……………, nationality ……………………………………., national document, follows applicable ……………………… …………………………………………………………………………….

has on the date indicated (name of disease or condition) been vaccinated or the ………………………………………………………………….

International Health Regulations.


received prophylaxis against: accordance with signature whose in Vaccine or prophylaxis Date Signature and professional status of supervising clinician Manufacturer and batch No.

of vaccine or prophylaxis Certificate valid from …….. Official stamp of administering centre until …… 1.

2.

This certificate is valid only if the vaccine or prophylaxis used has been approved by the World Health Organization.
The certificate must be signed in the hand of the clinician, who shall be a medical practitioner or other authorized health worker, supervising the administration of the vaccine or prophylaxis.

The certificate must also bear the official stamp of the administering centre; however, this shall not be an accepted substitute for the signature.

Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it invalid.
The validity of this certificate shall extend until the date indicated for the particular vaccination or prophylaxis.

The certificate shall be fully completed in English or in French.

The certificate may also be completed in another language on the same document, in addition to either English or French.

No.

of 2020 44 The Quarantine Bill, 2020 SCHEDULE III USE OF FLAGS AND SIGNALS Ships must show one of the following signals when coming within the limits of a Port and until free pratique is granted.
BY DAY (i.e.

between sunrise and sunset): (i) “Q” signifying “my ship is healthy and I request free pratique.

(ii) “Q” flag over first substitute (QQ) signifying “my ship is suspect, that is to say.
I have had a case or cases of infectious disease more than five days ago or there has been unusual mortality among rats on board.” (iii) “Q” flag over “L” flag (Q/L) signifying “my ship is infected, that is to say, I have had a case or cases of infectious disease less than five days ago.” The day signal shall be shown at the masthead or where it can best be seen.
BY NIGHT Red light over white light, signifying “I have not received free pratique.” The lights should be not more than six feet apart and in a vertical line one over the other.

The night signal shall be shown at the peak or other conspicuous place where it can best be seen.

The Quarantine Bill, 2020 45 No.


of 2020 APPENDIX Appendix A Decision Instrument for the Assessment and Notification of events that may constitute a Public Health Emergency of International concern Appendix B Protocol for dealing with Infectious Diseases No.
of 2020 46 The Quarantine Bill, 2020 APPENDIX A The four decision criteria to be used by States Parties in their assessment of a public health event are: (1) the seriousness of the event's public health impact; (2) the unusual or unexpected nature of the event; (3) the risk of international disease spread; and (4) or the risk that travel or trade restrictions will be imposed by other countries.
In essence, the events which must be assessed are those that may fulfil one or more of the four decision instrument criteria as outlined below, and the events which must be notified are those that meet at least any two of the four decision instrument criteria therein.
Consultation To determine an appropriate response for events not requiring formal notification, or where information is insufficient to complete the decision instrument at the time of initial assessment, the IHR (2005) also provide for a "consultation" process between a State Party and the WHO.
This consultation process provides States Parties with the opportunity to keep the WHO informed and to have, similarly to notification, a confidential dialogue with WHO on further event assessment and any appropriate investigative or health response measures.
Other reporting requirements In addition to notification and consultation, States Parties are required to inform the WHO within 24 hours of receipt of evidence of public health risks occurring outside their territory that may cause international disease spread.

The evidence may be manifest by imported or exported human cases, or the identification of infected or contaminated vectors or contaminated goods.
Channels of event communications and treatment of information obtained by the WHO Notification and other State Party reporting must be communicated by a National IHR Focal Point to the WHO IHR Contact Point via the most efficient means of communication available.

The WHO IHR Contact Points have been established in each of the WHO's six Regions.
The information obtained by the WHO through the communications with National IHR Focal Points is treated as confidential by the WHO, marking the starting point for a dialogue only between the WHO and the concerned State Party.

The Quarantine Bill, 2020 47 No.

of 2020 No.

of 2020 48 The Quarantine Bill, 2020 The Quarantine Bill, 2020 49 No.

of 2020 No.

of 2020 50 The Quarantine Bill, 2020 APPENDIX B PROTOCOL FOR DEALING WITH INFECTIOUS DISEASES A. YELLOW FEVER (Extracted from Annex 7) 1.
Recommendations and requirements for vaccination against yellow fever: (a) For the purpose of this Annex: (i) the incubation period of yellow fever is six days; (ii) yellow fever vaccines approved by WHO provide protection against infection starting 10 days following the administration f the vaccine; (iii) the protection continues for 10 years; and (iv) the validity of a certificate of vaccination against yellow fever shall extend for a period of 10 years, beginning 10 days after the date of vaccination or, in the case of a revaccination within such period of 10 years, from the date of that revaccination.
(b) Vaccination against yellow fever may be required of any traveller leaving an area where the Organization has determined that a risk of yellow fever transmission is present.

(c) If a traveller is in possession of a certificate of vaccination against yellow fever which is not yet valid, the traveller may be permitted to depart, but the provisions of paragraph (h) of this Annex maybe applied on arrival.
(d) A traveller in possession of a valid certificate of vaccination against yellow fever shall not be treated as suspect, even if coming from an area where the Organization has determined that a risk of yellow fever transmission is present.

(e) The yellow fever vaccine used must be approved by WHO.

(f) State Parties shall designate specific yellow fever vaccination centres within their territories in order to ensure the quality and safety of the procedures and materials employed.
(g) Every person employed at a point of entry in an area where the Organization has determined that a risk of yellow fever transmission is present, and every member of the crew of a conveyance using such point of entry, shall be in possession of a valid certificate of vaccination against yellow fever.

The Quarantine Bill, 2020 51 No.
of 2020 (h) A State party, I whose territory vectors of yellow fever are present, may require a traveller from an area where the Organization has determined that a risk of yellow fever transmission is present, who is unable to produce a valid certificate of vaccination against yellow fever, to be quarantined until the certificate becomes valid, or until a period of not more than six days, reckoned from the date of last possible exposure to infection, has elapsed, whichever occurs first.
(i) Travellers who possess an exemption from yellow fever vaccination, signed by an authorized medical officer or an authorized health worker, may nevertheless be allowed entry, subject to the provisions of the foregoing paragraph of this Annex and to being provided with information regarding protection from yellow fever vectors.

Should the travellers not be quarantined, they may be required to report any feverish or other symptoms to the competent authority and be placed under surveillance.

2.
2.

Infected aircraft When permission is given to an aircraft the aircraft shall use only such aerodomes in Antigua and Barbuda as may be specified by the QA.
On arrival of the aircraft from a yellow fever infected area or from an aerodrome situated in or near a yellow fever infected area, the following measures shall be taken – (a) Disinsectisation of the aircraft prior to landing of passengers and cargo; (b) Medical inspection of passengers and crew; (c) Isolation under aedes-free conditions of persons suspected to be suffering from yellow fever, or who are suffering from any febrile illness until the nature of the illness is determined; (d) Observation as provided in these regulations (e) Surveillance for six days from the last day of possible exposure to infection of persons who are not subjected t observation on arrival.
On arrival of an aircraft from an aerodrome situated in an endemic area, the following measures shall be taken – (a) Disinsectisation of the aircraft prior to landing of passengers and cargo; (b) Medical inspection of passengers and crew; (c) Isolation under aedes-free conditions of persons suspected to be suffering from yellow fever; (d) Surveillance, for six days from the last day of possible exposure to infection, of passengers and crew who are not immune.

No.
No.

of 2020 52 The Quarantine Bill, 2020 B. CHOLERA 1.

Infected Aircraft.

The aircraft shall be inspected and the passengers and crew shall be medically examined.

The sick shall immediately be disembarked and isolated.
All other persons shall be placed under surveillance or, in exceptional circumstances, observation, for a period expiring not later than five (5) days after the date of arrival of the aircraft: Provided that any person who satisfies the Health Officer that he has been vaccinated for cholera within the preceding six months, excluding the last six days thereof, shall not be placed under observation.
The Health Officer may prohibit the unloading from the aircraft of the following fresh foods, namely fish, shellfish, fruits and vegetables.

Bedding which has been used, soiled linen, wearing apparel and other articles which in the opinion of the Health Officer, are infected shall be disinfected.
If the drinking water stored on board is suspected by the Health Officer, it shall be disinfected and, if practicable, emptied out and replaced after disinfection of the container, by a supply of potable drinking water.

2.

Aircraft coming from an infected area The passengers and crew may be medically examined.
Any such persons may be placed under surveillance or, in exceptional circumstances, observation for a period expiring not later than five days after the date on which the aircraft left the infected area: Provided that any person who satisfies the Health Officer that he has been vaccinated for cholera within the preceding six months, excluding the last sis=x days thereof, shall not be placed under observation.
The unloading from the aircraft of the following fresh foods, namely fish, shellfish, fruit and vegetables may be prohibited by the Health Officer.

The Quarantine Bill, 2020 53 No.

of 2020 C. TYPHUS FEVER 1.

Infected Aircraft The passenger and crew shall be medically examined.

The sick shall immediately be disembarked, isolated and deloused.
Any other person reasonably suspected to have been exposed to infection may be placed under surveillance, or, in exceptional circumstances, observation for a period expiring not later than twelve days after the date on which he was deloused.

Any person reasonably suspected to be harbouring lice shall be deloused.

Bedding which has been used, linen, wearing apparel and any other articles which the Health Officer considers to be infected shall be disinfected.
The parts of the aircraft which have been occupied by persons suffering from typhus fever or which the Health Officer considers to be infected shall be disinfected.

2.

Aircraft coming from an Infected Area The passengers and members of crew may be placed under surveillance or, in exceptional circumstances, observation for a period expiring not later than twelve days after the date on which they left the infected area.

Passed by the House of Representatives on the day of 2020.
Passed by the Senate on the day of 2020 .

.

Speaker President Clerk to the House of Representative Clerk to the Senate No.

of 2020 54 The Quarantine Bill, 2020 EXPLANATORY MEMORANDUM This Bill is intended to replace the Quarantine Act, Cap 361.

The Quarantine Act, Cap.

361 is largely based in the International Sanitary Convention signed in Paris in 1926 with sundry amendment over the period to incorporate aspects of the Sanitary Regulations of 1951 and 1969.
These have been revised extensively by the international community to take into consideration the ready availability of international travel and the need to avoid unnecessary interference with international travel and trade.
While under the older regulations the focus was on the control of the introduction and spread of specified infectious disease, under the IHR 2005 the focus is now on the control of the introduction and spread of events that are likely to result in a public health emergency of international concern.
“Event” is defined widely to mean any “manifestation of disease or an occurrence that creates a potential for disease;” and the term, “notifiable event” is used in the Act to mean “an event irrespective of origin or source, the nature of the underlying agent, disease, mode of transmission, or whether arising outside of its known usual occurrence patterns and which, in the opinion of the Quarantine Authority, has the potential for a public health risk and requires immediate action to reduce such an occurrence.” Within this new paradigm, the potential source of the event or notifiable event could be a disease, a chemical spill or any other thing that could manifest itself in a disease that has the potential to create a public health crisis.
The following provisions of the Bill bears highlighting: Part II (sections 4-7) deals with the establishment of the Quarantine Authority.

Provision was made for the establishment of a Quarantine Authority under the old Act, but no such authority was ever constituted.

Interestingly, the Quarantine The Quarantine Bill, 2020 55 No.
of 2020 Authority under this new legislation is not focused on any single office, but is comprised of stakeholders from varied backgrounds ranging from medicine, public health, customs, nursing, immigration, port authority and law.

Part III (sections 8-9) establishes the National IHR Focal Point.

Again the focus is away from any single person or entity.
The National IHR Focal Point comprises a committee to include: the Chief Veterinary Officer, the Chief Health Inspector, the Medical Officer of Health, the Director of Nods and the Principal Nursing Officer.

Their main function is to consult with the WHO and the Quarantine Authority in Antigua and Barbuda and to consolidate the various comunications between these bodies to ensure that there is a free and timely flow of information in respect of the health situation occurring in Antigua and Barbuda.
Part V deals with establishing Quarantine Facilities as deemed appropriate in Antigua and Basrbuda.

Part VI (sections 17 to 19) highlights the intention of IHR 2005 in respect of minimizing interruptions in international travel and trade.

The fundamental objective of the IHR 2005 that no conveyance shall be prevented from arriving at a Point of Entry for a public health reason is underscored.

Additionally, IHR 2005 has mandated certain core capacity requirements of every point of entry.
Antigua and Barbuda is well on its way with satisfying these core capacities of having potable drinking water, a quarantine room, a police station, a medic station, a fire station and EMS services available at all Points of Entry.

Part VII (sections 20 to 38) continues to promote the mandate of facilitating international travel and trade.

No ship can be denied free pratique for a public health reason.
However, conditions may be attached to the granting of free pratique, that are aimed to prevent the spread of an infection, suspected infection or contamination.

No.

of 2020 56 The Quarantine Bill, 2020 Part VIII through to Part X deals with the measures that may be applied to a conveyance that has to be quarantined, as well as the actions that may be taken to deal with goods, baggage and containers on board the conveyance.

Part XI focuses on the treatment of travelers.


The important underlying consideration is to ensure that regardless of the age or status of the individual or whether the individual is infected or not, that the individual is treated with dignity and respect and that the fundamental rights and freedoms of all individuals is held in high regard.

Hon.

Steadroy C. O. Benjamin Attorney General of Antigua and Barbuda Minister of Justice and Legal Affairs Printed for HoR Sitting: 25/02/2020 S3S2