Memorandum of Understanding with Cuba (Cayman Islands)

Memorandum of Understanding with Cuba
Monday, June 5, 2006

At the request of a number of our readers, Cayman Net News has taken the
decision to publish the copy of the Memorandum of Understanding that was
signed between the Cayman and Cuban Governments which has resulted in
the recent controversial policy not to assist migrants on their journey
from Cuba to freedom, but to repatriate any that break their journey in
this country.

Memorandum of Understanding between the Government of the Cayman Islands
and the Government of the Republic of Cuba.

Signed on 15 April 1999 by H.E Mr James M Ryan, MBE, JP on behalf of the
Cayman Islands Government and Dr Jose Peraza Chapeau on behalf of the
Government of the Republic of Cuba

Taking into account that, on various occasions, citizens of the Republic
of Cuba have arrived directly and illegally in the territory of the
Cayman Islands using various routes, but in particular by sea.

Considering the wish of the Government of the Cayman Islands and the
Government of Cuba that these citizens be repatriated immediately to the
Republic of Cuba.

The two Governments have reached the following understanding:

1. The Government of the Republic of Cuba shall accept the return of all
Cuban citizens who left Cuban territory and illegally reached the
territory of the Cayman Islands as from the entry into force of the
present Memorandum of Understanding.

2. The Government of the Cayman Islands shall inform the Government of
the Republic of Cuba, in no more than 7 days, of the illegal arrival of
Cuban citizens from Cuban territory. This information shall consist of a
list of the persons with their names, two surnames and alleged addresses.

This shall thereafter be completed, in as short time as possible with
details of sex, date of birth, their most recent address in Cuba to
include street name, house number, flat number, municipality and
province, as well as a photograph of each person and the place and date
of their illegal arrival in the Cayman Islands.

3. In the interest of their security, the Cuban citizens repatriated to
Cuba should be escorted by officials from the Government of the Cayman
Islands.

4. The Government of the Republic of Cuba shall reply to the Government
of the Cayman Islands, in no more than 20 days from the date receipt of
the information provided by the Government of the Cayman Islands,
referred to in the above paragraph 2 item 2, its authorization to accept
the return of the Cuban citizens to be repatriated.

5. Once the agreement from the Cuban Government has been obtained, the
Government of the Cayman Islands shall inform the Cuban Government, at
least 7 days notice, the date of repatriation to Cuba of the Cuban
citizens, their names as well as those of the officials of the
Government of the Cayman Islands who shall accompany them.

6. The Government of the Cayman Islands shall repatriate those Cuban
citizens who arrive illegally in the Cayman Islands and directly from
the Cuban and have been submitted to the procedures provided for in this
Memorandum of Understanding and accepted by the Government of the
Republic of Cuba. These citizens shall be repatriated by air via “ Jose
Marti” International Airport in Havana.

7. The Government of Cuba agrees not to charge arrival tax or any other
tax related to the repatriation of these Cuban citizens.

8. The persons repatriated to the Republic of Cuba shall be able to
bring with them only the belongings, which they had on their illegal
arrival in the Cayman Islands directly from Cuba. They shall not be able
to return with any money from the other effects of any kind.

9. The Government of the Republic of Cuba shall facilitate the entry to
Cuba of the officials from the Government of the Cayman Islands
mentioned above in Article 3 of this Memorandum.

10. The present Memorandum of Understanding shall take effect from the
date of signature.

Signed in the City of George Town 15th day of April 1999 in two copies,
one in English and one in Spanish, both texts having equal legal validity.

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