Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631386391.pdf (Antigua and Barbuda)
EXTRAORDINARY VOL: XL Tuesday 22nd December, 2020 No.

93 ________________________________________________________________________ CONTENTS PARLIAMENTARY NOTICE Statutory Instruments 3-11 ___________________________________________________________________________________________ Published by the Ministry of Justice & Legal Affairs Denise Dublin, Editor of the Official Gazette denise.dublin@ab.gov.ag / antiguagazette@gmail.com Government Complex, P.O.

Box 118, Parliament Drive, St. John’s, Antigua.


Printed at the Government Printing Office, Antigua and Barbuda, By Noel F. Abraham, Government Printer.

[Price $9.55] ___________________________________________________________________________________________ — By Authority, 2020 No.
93 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY December 22nd, 2020 PUBLICATION WITHIN THE OFFICIAL GAZETTE The Official Gazette, the oﬀicial newspaper of the Government of Antigua and Barbuda, is published every Thursday either online or in print form at the Government Printery.
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2 December 22nd, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY No.

93 No.
93 No.

56 NOTICES The following STATUTORY INSTRUMENTS are circulated with this Gazette and form part thereof: STATUTORY INSTRUMENTS No.

85 of 2020, “Antigua and Barbuda Citizenship by Investment (Amendment) (No.

2) Regulations, 2020” 5pp Price $2.25 No.


86 of 2020, “Finance Administration (Tonnage Tax Special Fund) Regulations, 2020 7pp Price $2.95 ___________________________________________________________________________________________________ ANTIGUA AND BARBUDA PUBLIC HEALTH ACT (DANGEROUS INFECTIOUS DISEASE) (AMENDMENT) (NO.

13) REGULATIONS 2020 STATUTORY INSTRUMENT 2020, NO.
87 ARRANGEMENT Regulation Interpretation ............................................................................................................................ 3 1.

2.

Amendment of Regulation 5A ................................................................................................. 4 ANTIGUA AND BARBUDA PUBLIC HEALTH ACT (DANGEROUS INFECTIOUS DISEASE) (AMENDMENT) (NO.

13) REGULATIONS 2020 STATUTORY INSTRUMENT 2020, NO.

87 PUBLIC HEALTH ACT (DANGEROUS INFECTIOUS DISEASE) (AMENDMENT) (No.
13) REGULATIONS 2020, made by the Board pursuant to Section 102 of the Public Health Act, Cap.

353.

1.

Interpretation In these Regulations – “principal Regulations” means the Public Health Act (Dangerous Infectious Disease) Regulations 2020, Statutory Instrument No.

16 of 2020 3 No.

93 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY December 22nd, 2020 2.
Amendment of Regulation 5A Regulation 5A of the principal Regulation is amended as follows – (a) by repealing the heading of regulation 5A and replacing it with the following: “5A.

Special measures applicable to the period 29th October, 2020 to 31st March, 2021” (b) by repealing paragraph 1 (Duration) and replacing it with the following: “1.

Duration These special measures shall take effect from 5:00a.m.

on Thursday 29th October, 2020 until 5:00a.m.


on Wednesday 31st March, 2021” (c) by repealing paragraph 9 and replacing it with the following: “9.

Restriction on social gathering (1) Except as provided in this regulation and at subparagraph (2) hereof, no person shall host or attend at any public or private gathering or event having more than ten (10) persons.
(2) Bars, restaurants and event venues may continue to operate within the guidelines established by the Ministry of Health and the Board for the specific business or event venue.

(3) A law enforcement officer is authorised to disband any gathering in contravention of subparagraph (1) or (2) hereof.
(4) A person commits an offence if he or she – (a) being the owner of the premises, host any party, fete or other social gathering; (b) permits any person to host a party, fete or other social gathering at premises under his or her control; (c) organises any party, fete or other social gathering; (d) attends any party, fete or other social gathering, in contravention of subparagraph (1) or subparagraph (2).
(5) A person who commits an offence under subparagraph (4) is liable on summary conviction to a fine of $5,000.00 or to imprisonment for six (6) months or to both such fine and imprisonment.” (d) by inserting after paragraph 16 thereof the following new paragraphs – “17.

Access to beaches on specified days (1) Notwithstanding the provisions of paragraph 11 (4) of the principal Regulations, as amended, persons are permitted to utilize the beaches throughout Antigua and Barbuda between the hours of 5:00a.m.
and 1:00p.m.

on the following specified days: (a) Wednesday 9th December, 2020 (V.C.

Bird Day) (b) Friday 25th December, 2020 (Christmas Day) (c) Monday 28th December, 2020 (Boxing Day Holiday) (d) Friday 1st January 2021 (New Year’s Day) (2) The provisions of paragraph 11(1) of the principal Regulations shall continue to apply to the use of the beaches on the days specified in subparagraph (1) hereof.

18.
18.

Modification of the mandatory curfew hours on specified days (1) Subject to subparagraph (2) hereof, paragraph 3(1) of this regulation, shall not apply on the day specified herein to the extent specified herein.

4 December 22nd, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY No.

93 (2) On the 31st December 2020, the mandatory curfew period shall not commence at 11:00p.m.

as established by paragraph 3(1), but shall instead commence at 1:00a.m.
on 1st January 2021 and continue for a period of four (4) consecutive hours until 5:00a.m.

on that same day.

(3) The curfew period established by paragraph 3(1) shall continue as specified therein from the evening of the 1 st January, 2021.

19.

Modification of business operating hours on specified days (1) This paragraph shall operate to modify the provisions of paragraph 4 of this regulation to the extent specified herein.
(2) All commercial activity whether retail, wholesale or transactional, including street vending, shall cease at 8:00p.m on Thursday 24th December, 2020.

20.
20.

Extension of church hours (1) Notwithstanding any other provision of this regulation, churches throughout Antigua and Barbuda are permitted on the days identified below to operate until the time specified below: (a) Thursday 24th December, 2020 until 1:00 a.m. on Friday 25th December, 2020 (b) Thursday 31st December, 2020 until 1:00 a.m. on Friday 1st January, 2021.
(2) All protocols with respect to social distancing, wearing of face masks and the observation of proper sanitary procedures shall apply.” Made the 22nd day of December, 2020.

___________________________________________________________________________________________________ ANTIGUA AND BARBUDA _______________________________ Eustace Lake Chairman of the Central Board of Health QUARANTINE ELECTRONIC MONITORING GUIDELINES, 2020 STATUTORY INSTRUMENTS 2020, No.

88 ARRANGEMENT ARRANGEMENT 1.


Citation and commencement .................................................................................................... 6 2.

Application of electronic monitoring device ............................................................................ 6 3.

Operation of the electronic monitoring device ......................................................................... 6 4.
Guidelines supplemental to Quarantine Act (COVID-19) Regulations 2020 .......................... 6 SCHEDULE 5 No.

93 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY December 22nd, 2020 ANTIGUA AND BARBUDA STATUTORY INSTRUMENTS 2020, No.

88 These guideline are being issued by the Quarantine Authority by virtue of the powers contained in section 5 of the Quarantine Act, Cap.

361 1.

Citation and commencement (1) This Order may be cited as the Quarantine Electronic Monitoring Guidelines, 2020.
(2) This Order shall come into effect on the 23rd December, 2020.

2.

Application of electronic monitoring device The Quarantine Authority hereby orders that arriving persons who are assessed as posing a high level of risks for the transmission of the novel coronavirus disease, COVID-19, in Antigua and Barbuda may be fitted with an electronic monitoring device.

3.
3.

Operation of the electronic monitoring device The use and operation of the electronic monitoring device shall be done in accordance with Form C which is attached in the Schedule hereto.

4.

Guidelines supplemental to Quarantine Act (COVID-19) Regulations 2020 These guidelines supplement the Quarantine Act (COVID-19) Regulations 2020 issued by the Cabinet under section 4 of the Quarantine Act, Cap.

361.
361.

SCHEDULE FORM C (Paragraph 3) MINISTRY OF HEALTH WELLNESS AND THE ENVIRONMENT (QUARANTINE AUTHORITY) Quarantine Direction Addendum Name………………………………….

Address………………………………….. Passport #.............................................. Gender…………………………………… Date of Arrival………………………... Nationality……………………………….

The Quarantine Authority has determined that you pose a high level of risk for the transmitting of the Novel Coronavirus SARS CoV-2 that causes COVID-19.
You are therefore required to wear an electronic monitoring device (bracelet) on your wrist which will help to ensure that you remain in quarantine and abide by the quarantine guidelines.

PLEASE CAREFULLY READ THE OPERATIONAL GUIDELINES FOR THE ELECTRONIC MONITORING DEVICE THAT IS PROVIDED TO YOU.

6 December 22nd, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY No.

93 Please indicate your consent to wearing the monitoring device.
Failure to give consent will result in you being quarantined at a Government Quarantine Facility.

Do you consent to wearing the electronic monitoring device?

Yes [ ] No [ ] In order for the monitoring to be effective you must provide accurate information on the location of the house where you intend to stay for the quarantine period.

Location of House………………………………………………………………………….


…………………………………………………………………………………………….. Once the monitoring bracelet has been applied to your wrist, you are required to observe the attached operational guidelines.

PLEASE TAKE NOTE that it is an offence punishable by a fine of $5,000.00 or to imprisonment for six (6) months or to both such fine and imprisonment to tamper with the electronic monitoring device.

I declare that the information provided above is accurate.

……………………………….
Name of Passenger ………………………………… Signature of Passenger ………………………………….. Name of Officer for and on behalf of The Quarantine Authority …………………………………… Signature of Officer G o v e r n m e n t o f A n t i g u a a n d B a r b u d a Ministry of Health, Wellness and the Environment in partnership with the Ministry of Information, Broadcasting, Telecommunications and Information Technology Device Operational Guidelines December, 2020 Checklist of items received (and to be returned to the Health Authorities): Contact Tracing Bracelet (the device) Charging Cable Portable Charger Device Manual Device Operational Guidelines Devices are to be worn at all times during the quarantine period.
Devices will only be removed by the Health Authorities after the quarantine period or as deemed appropriate.

Please D O N O T attempt to remove, tamper with or disable the device otherwise you will be liable to penalties outlined in the regulations.

7 No.
7 No.

93 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY December 22nd, 2020 If for any reason your device is O F F when presented to you or if it turns off at any point throughout your quarantine period, please hold down the P O W E R button (indicated here) for three (3) seconds.

While the device is W A T E R P R O O F , please D O N O T submerge in water for any prolonged period of time.

Regular hand washing and shower activities is acceptable.
To check your temperature readings, please press the P O W E R button three (3) times in quick succession.

To check your H E A R T R A T E and to monitor your B L O O D P R E S S U R E , please press the P O W E R button seven (7 ) times in quick succession.

Device must remain on and charge must be maintained throughout your quarantine period.

This can be done using the portable charger supplied or via the charging cable plugged into a cellphone adapter into a power source.
Portable chargers must be charged every 48 hours (based on use) to ensure that the device does not shut off completely at any point during quarantine.

You must keep the device charged using any method that is most suitable.

To charge device while attached to your hand using the portable charger, simply place the portable charger on top of the device being sure to make contact with the side of the watch and be sure to look for the green indicator light as pictured.
The device along with all of the supplied items must be returned to the Health Authorities upon completion of the quarantine period.

PLEASE TAKE NOTE: 8 December 22nd, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY No.

93 IT IS AN OFFENCE TO TAMPER OR REMOVE THE ELECTRONIC MONITORING DEVICE ISSUED TO YOU BY THE MINISTRY OF HEALTH AND THE HEALTH OFFICIALS.
THE OFFENCE IS PUNISHABLE ON SUMMARY CONVICTION TO A FINE OF $5,000.00 OR TO IMPRISONMENT FOR SIX (6) MONTHS OR TO BOTH SUCH FINE AND IMPRISONEMENT Made this 22nd day of December, 2020 Dr. Rhonda Sealey-Thomas Quarantine Authority ____________________________________________________________________________________________________ ANTIGUA AND BARBUDA RESOLUTION OF THE HOUSE OF REPRESENTATIVES RATIFYING THE AMENDMENTS TO THE MARITIME LABOUR CONVENTION 2006 STATUTORY INSTRUMENT 2020, NO.
84 WHEREAS Antigua and Barbuda is a party to the Maritime Labour Convention 2006 (‘the Convention’) which was done in Geneva on the 28th February 2006 and was ratified by the Government of Antigua and Barbuda on the 8th August 2011; and WHEREAS there have been subsequent amendments to the Maritime Labour Convention in 2016 and in 2018 which affects or concerns the relationship of Antigua and Barbuda with international organisation; and WHEREAS the Ratification of Treaties Act (Cap.
364) provides in section 3 (1) inter alia that where a treaty to which Antigua and Barbuda becomes a Party is one which affects or concerns the relationship of Antigua and Barbuda with any international organisation, agency, association or similar body, such Treaty shall not enter into force with respect to Antigua and Barbuda unless it has been ratified or approved in accordance with the provisions of the Act; NOW THEREFORE BE IT RESOLVED BY this Honourable House that the 2016 amendments to the Maritime Labour Convention, the text of which are attached hereto as Schedule I; and the 2018 amendments to the Maritime Labour Convention, the text of which are attached hereto as Schedule II, be ratified under section 3(1) (c) of the Ratification of Treaties Act, Cap.364.
SCHEDULES I & II 9 GgCO No.
93 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY December 22nd, 2020 SCHEDULE I INTERNATIONAL LABOUR CONFERENCE AMENDMENTS OF 2016 TO THE MARITIME LABOUR CONVENTION, 2006 Amendments to the Code relating to Regulation 4.3 of the MLC, 2006 Guideline B4.3.1 – Provisions on occupational accidents, injuries and diseases At the end of paragraph 1, add the following text: Account should also be taken of the latest version of the Guidance on eliminating shipboard harassment and bullying jointly published by the International Chamber of Shipping and the International Transport Workers’ Federation.
In paragraph 4, move “and” from the end of subparagraph (b) to the end of subparagraph (c).

Add the following new subparagraph: (d) harassment and bullying.

Guideline B4.3.6 – Investigations In paragraph 2, move “and” from the end of subparagraph (e) to the end of subparagraph (f).
Add the following new subparagraph: (g) problems arising from harassment and bullying Amendments to the Code relating to Regulation 5.1 of the MLC, 2006 Standard A5.1.3 – Maritime labour certificate and declaration of maritime labour compliance Move the text of the current paragraph 4 to the end of paragraph 3.
Replace the current paragraph 4 with the following: Notwithstanding paragraph 1 of this Standard, where, after a renewal inspection completed prior to the expiry of a maritime labour certificate, the ship is found to continue to meet national laws and regulations or other measures implementing the requirements of this Convention, but a new certificate cannot immediately be issued to and made available on board that ship, the competent authority, or the recognized organization duly authorized for this purpose, may extend the validity of the certificate for a further period not exceeding five months from the expiry date of the existing certificate, and endorse the certificate accordingly.
The new certificate shall be valid for a period not exceeding five years starting from the date provided for in paragraph 3 of this Standard.
Appendix A5–II Maritime Labour Certificate Add the following text to the end of the model form for the maritime labour certificate: Extension after renewal inspection (if required) This is to certify that, following a renewal inspection, the ship was found to continue to be in compliance with national laws and regulations or other measures implementing the requirements of this Convention, and that the present certificate is hereby extended, in accordance with paragraph 4 of Standard A5.1.3, until ................................................ (not more than five months after the expiry date of the existing certificate) to allow for the new certificate to be issued to and made available on board the ship.
Completion date of the renewal inspection on which this extension is based was: Signed: (Signature of authorized official) Place: ................................................................................................................................

Date: .................................................................................................................................

SCHEDULE II 10 December 22nd, 2020 THE ANTIGUA AND BARBUDA OFFICIAL GAZETTE - EXTRAORDINARY No.
93 AMENDMENTS OF 2018 TO THE CODE OF THE MARITIME LABOUR CONVENTION, 2006, AS AMENDED (MLC, 2006), APPROVED BY THE CONFERENCE AT ITS ONE HUNDRED AND SEVENTH SESSION, GENEVA, 5 JUNE 2018 AMENDEMENTS DE 2018 AU CODE DE LA CONVENTION DU TRAVAIL MARITIME, 2006, TELLE QU’AMENDÉE (MLC, 2006), APPROUVÉS PAR LA CONFÉRENCE À SA CENT SEPTIÈME SESSION, GENÈVE, 5 JUIN 2018 AMENDMENTS OF 2018 TO THE CODE OF THE MARITIME LABOUR CONVENTION, 2006, AS AMENDED (MLC, 2006) Amendment to the Code of the MLC, 2006, relating to Regulation 2.1 Standard A2.1 – Seafarers’ employment agreements Insert a new paragraph 7: 7.
Each Member shall require that a seafarer’s employment agreement shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, regardless of whether the date fixed for its expiry has passed or either party has given notice to suspend or terminate it.
For the purpose of this paragraph, the term: (a) piracy shall have the same meaning as in the United Nations Convention on the Law of the Sea, 1982; (b) armed robbery against ships means any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea, or any act of inciting or of intentionally facilitating an act described above.
Amendment to the Code of the MLC, 2006, relating to Regulation 2.2 Standard A2.2 – Wages Insert a new paragraph 7: 7.
Where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments as provided in paragraph 4 of this Standard, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated in accordance with Standard A2.5.1 or, where the seafarer dies while in captivity, until the date of death as determined in accordance with applicable national laws or regulations.
The terms piracy and armed robbery against ships shall have the same meaning as in Standard A2.1, paragraph 7.
Amendment to the Code of the MLC, 2006 , relating to Regulation 2.5 Guideline B2.5.1 – Entitlement Replace paragraph 8 by the following: The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements, except where they are held captive on or off the ship as a result of acts of piracy or armed robbery against ships.
The terms piracy and armed robbery against ships shall have the same meaning as in Standard A2.1, paragraph 7.5 11