Introduction and title

This is a regulation to prescribe the procedure concerning advance passenger and flight information, in pursuant to article 5 (c), article 60, article 70 and article 84 of the Act number 8/2011 (Maldives Customs Act) and drives its legal status under article 5 (c) and article 110 of the above act in reference to resolution number 2178(2014) of United Nations security council.

This regulation shall be cited as “Regulation to provide advance passenger and flight information to Maldives Customs Service”.

Objective

The objective of this regulation is to ensure the protection of national security at the border by preventing the smuggling of illegal items and monitor the import of controlled items by establishing an advanced passenger and flight information system to Maldives Customs Service.

Jurisdiction

For the purposes contemplated herein, jurisdiction of this regulation will extend to flights boarding from and arriving to the Republic of Maldives, and to the respective flight operators, all the parties registered in Maldives Civil Aviation Authority, flight handling agents and representatives.

Required information and time frame to submit the same

(a) Flight operators, handling agents, flight representatives or flight agents must, in accordance to the regulation report all information to Maldives Customs Service regarding passengers and crew aboard the flight en route to Maldives within 15 minutes of flight departure (for inbound flight).

(b) Flight operators, handling agents, flight representatives or flight agents must, in accordance with the regulation, report all information to Maldives Customs Service regarding passengers and crew aboard the flight embarking from Maldives within 15 minutes after the passenger check-in has been closed (for out bound flight).

(c) Notwithstanding subsection (a) and (b), Maldives Customs Service reserves the right to permit agents to submit lesser information than required under this regulation.

(d) Notwithstanding subsection (a) and (b), Maldives Customs Service reserves the right to permit agents to submit information at a time later than required by the regulation.

(e) The prerequisite information of passengers entering and exiting the Republic of Maldives is specified in Annex 1 of this regulation.

(f) The obligations to submit any information under this regulation does not limit the duty to provide similar information under any other act or regulation.

Penalties for offence

(a) It is an offence to refrain any information or delay in submitting information according to terms of this regulation. Penalty for such an offense is prescribed in Annex 2.
(b) A fine under Subsection 5 (a) shall only be imposed on the date following 03 months of this regulation coming into effect.

Financial burden

The financial burden of assigning an intermediary to provide prescribed information under this regulation shall be carried on by the party providing such information.

Handling information

(a) The Commissioner General of Customs shall establish a specialized Section or a Unit under this regulation comprising of Customs officers to undertake the responsibilities of analysing and utilizing the
information obtained therein.
(b) Any information obtained as per the regulation shall only be used to enhance and improve Customs intelligence and risk management and to facilitate passengers as well as to those government institutions established for the protection of national security of Maldives.

(c) International best practice and norms in obtaining such information have been followed as a main principle in obtaining the required information under this regulation.
(d) If Maldives Customs Service requires to exchange any information obtained under this regulation with a third party, the third party must undertake an agreement to follow the guidelines under this regulation.

Maintaining the confidentiality

Any information received by the Maldives Customs Service under this regulation shall be considered confidential information under the Maldives Customs Act, and shall not be revealed to any third party including unassigned staffs. Maldives Customs Service must ensure the confidentiality of information received as such.

Preservation of Information

(a) Maldives Customs Service reserves the right to retain information obtained under this regulation for a prescribed period of time.
(b) Notwithstanding subsection (a) of this clause, if any information obtained herein is recorded in writing; such a recording shall be discarded according to established respective regulations.

Commencement

This regulation shall take effect on the date following 01(one) month of this act being approved and published in the Government Gazette.