#TurksandCaicos, May 2, 2024 – In a unanimous decision, the Court of Appeal of the Turks and Caicos Islands upheld an appeal brought by the Attorney General on behalf of the Turks and Caicos Island Government, overturning the lower court’s ruling and affirming the Government’s position on critical issues involving crown land procedures and the implications of the Crown Land Ordinance. This ruling represents a decisive moment in the legal saga and reaffirms the Government’s commitment to upholding the rule of law and protecting public resources.

On the 29th April, 2022, former Supreme Court Judge, Hon. Carlos Simons OBE KC, ruled in favour of a local businessman Mr. Gilbert Selver who the Crown argued had been in unlawful occupation of three parcels of crown land, namely 60602/429; 60602/430; 60602/431 respectively; ruling that the freehold title to Crown Land parcels 60602/429, and 60602/430 be transferred to Mr. Selver at the 2008 offer prices of $30,800 and $73,5000 respectively. In respect of 60602/431 the Court ruled that Mr Selver was indeed a trespasser. The Crown’s position in the Supreme Court was that Mr. Selver was a trespasser after failing to accept the offers for the sale of said Crown land presented to him prior to the coming into force of the 2012 Crown land Ordinance And after receiving Notices to discontinue the use and occupation of the said Crown Land which said notices had been ignored.

The Crown being dissatisfied with the said ruling, lodged an appeal against the decision of former Justice Simons OBE KC on the grounds that he failed to properly apply the contract principles of offer and acceptance; he failed to consider that the offers made by TCIG was subject to contract, and that he failed to consider the intervening impact of the Crown Land Ordinance which came into force in 2012.

On 26th October 2023, the Court of Appeal heard the detailed arguments on behalf of the Crown and Mr. Selver. Principal Crown Counsel, Civil Ms. Clemar Hippolyte and Principal Crown Counsel, Commercial, Ms. Yaa McCartney appeared on behalf of the Crown as representatives for the Appellant, and Mr. George Missick appeared for the Respondent Mr. Selver before the three- person Appeal panel comprising Hon. Mr. Justice K Neville Adderley (President), Hon. Mr. Justice Stanley John, and Hon. Mr. Bernard Turner.

On 17th April, 2024 the Court of Appealed handed down its decision on the appeal, overturning the judgement in the Supreme Court, and ruling in favour of the Crown. In arriving at its decision, the Court found that, by letter dated 29th October, 2008, the Crown offered Mr. Selver the freehold title to parcels 60602/429 and 60602/430 for the purchase prices of $30,800 and $73,5000 respectively. The Court found that in order to accept the offers, Mr. Selver was required to pay the survey fees and a registration fee. The letter also informed Mr. Selver that he was required to

contact the Crown Land Unit in order to execute the necessary documents. The Court found that Mr. Selver had not immediately acted on the offer and had not accepted the offer of the Crown for the freehold.

The Court of Appeal also held that although the offer remained open by the Crown, time not being stated to be of the essence, Mr. Selver’s unequivocal acceptance was only communicated in 2013 which came after the coming into force of the 2012 Crown Land Ordinance (CLO). The Court of Appeal considered whether the coming into force of the CLO presented a significant change in circumstances which would have impacted Mr. Selver’s ability to accept the offer to constitute a legally enforceable contract. Following the decision of the Privy Council in CMK BWI Ltd. v Attorney General [2022] UKPC 40, the Court held that the date of the acceptance was highly relevant to determining the legality of the contract because the 2012 CLO now dictates the conditions and circumstances of all crown land dispositions. The Court considered section 7(2) of the Ordinance which provides that “Crown land must not be disposed of unless the disposal is authorized by this Ordinance or any other Ordinance dealing with Crown land”, and held that the Crown “could not dispose of the parcels under the previous offers as the Ordinance cerate[d] the legislative framework for the disposition of Crown lands, including restrictions (section 9) and imposition of conditions (sectio10)”. Applying the law to the facts, the Court found that “no validly enforceable contract was entered into between Selver and the TCIG for the purchase of 429 and 430 as the offer to purchase the crown lands were rescinded by the passage of the CLO”.

In allowing the appeal, the Court ordered that:

1. The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
2. Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
3. The TCIG is entitled to all attached buildings and/or infrastructural works on the parcels 60602/429; 60602/430 and 60602/431 attached to the land and no compensation is payable to Mr. Selver.
4. Selver must pay the TCIG’s legal costs in the Supreme Court and in the Court of Appeal .

“We welcome the Court of Appeal’s ruling in this pivotal land case,” stated the Honorable Attorney General Rhondalee Braithwaite Knowles OBE KC, “This decision vindicates our steadfast efforts to clarifying the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgement, is another helpful decision of our courts that clarifies the Crown Land Ordinance’s governance over the disposition of Crown Land since its enactment. The judgment reaffirms the Government’s authority to act in the best interests of the people of the Turks and Caicos Islands and ensures responsible stewardship of our finite land resources.”

The successful appeal outcome is a testament to the diligence and expertise of the Government’s legal team, whose tireless advocacy and meticulous preparation were instrumental in securing this favorable verdict for the Government. Their dedication to advancing the Government’s case and upholding the principles of justice and fairness have been commendable.

“The Government is very grateful to the Court of Appeal for their thorough consideration of the legal issues at hand and their commitment to delivering just and equitable outcomes” added the Honourable Attorney General. “This ruling provides clarity and certainty for all stakeholders involved and underscores the importance of transparent and accountable Crown Land practices.”

South Side Jet-ski Buoy

Providenciales, Tuesday 30 April, 2024 – The Department of Environment and Coastsal Resources (DECR) would like to make all jetski operators, jetski owners, jetski users, watersports operators, tour guides, and the public aware of ‘No jetski’ buoys that have been installed within the Princess Alexandra Land and Sea National Park and Nature Reserve.

Additional buoys will continue to be deployed and are strategically positioned along the perimeter of protected areas, serving as a clear boundary beyond which jet skis are not permitted. All jet ski users are to heed that jet skis are strictly prohibited within all protected areas in the Turks and Caicos Islands, in accordance with the National Park Ordinance (11 of 1975):

Section 3(1) Prohibitions and permitted activities within all National Parks

(g) Jet skis and hovercraft

Section 3(2) Prohibitions and permitted activities within all Nature Reserves

(f) Water skiing, jet skis or hovercraft

Section 3(3) Prohibitions and permitted activities within all Sanctuaries

• Water skiing, jet skis or hovercraft

Emerald Point Buoy

Section 3(4) Prohibitions and permitted activities within all Areas of Historical Interest

(g) Water skiing, jet skis or hovercraft

A person contravening these regulations commits an offense and is liable on summary conviction to a fine of between $5,000 and $50,000 or a term of imprisonment, or both, as per Section 13 of the National Park Ordinance.

The accompanying map delineates the protected areas (highlighted in red) and indicates the placement of the buoys. It should be emphasized that the regions shaded in red signify areas where jet skis are not prohibited.

Should you require further clarity, please contact the DECR at (649)338-4170 or email environment@gov.tc

April 29th, 2024

While you’re packing your sunscreen and snorkel gear, don’t forget to check your luggage and clothing to remove all guns and ammunition. Many countries in the Caribbean do not allow possession of firearms or ammunition unless you have a local permit and, if arrested while traveling, the United States Embassy will not be able to secure your release.

What to Know Before You Go: 

• Declaring a weapon in your checked luggage with an airline carrier does not grant you permission to bring the weapon into other countries. It is the responsibility of the traveler to research local laws and complete all necessary forms prior to travel.
• Research the laws of the country you will be traveling to. Check the U.S. Department of State Bureau of Consular Affairs and contact the foreign embassy in the United States prior to travel to ensure you have the most up-to-date information.

IF YOU’RE TRAVELING TO THE CARIBBEAN, KNOW THAT IT IS ILLEGAL TO IMPORT OR EXPORT FIREARMS OR AMMUNITION TO OR FROM ANY CARICOM (CARIBBEAN COMMUNITY) MEMBER(LINK IS EXTERNAL) STATES UNLESS YOU HAVE A FIREARM IMPORT LICENSE OR A FIREARM EXPORT LICENSE GRANTED BY THE APPROPRIATE AUTHORITY (SUCH AS THE COMMISSIONER OF POLICE).

• Enroll in the Smart Traveler Enrollment Program (STEP) to receive important safety information regarding your travel and to help the local U.S. Embassy contact you in an emergency.
• If you are arrested for gun trafficking abroad, you could be imprisoned, fined or both, and the State Department will not be able to secure your release.
• Any person who wishes to export a firearm subject to the National Firearms Act must submit ATF Form 9 (5320.9), Application and Permit for Permanent Exportation of Firearms and obtain approval from ATF prior to export. (ATF)

Where Are You Traveling To?

Full Member States

Antigua and Barbuda 

Do not enter Antigua and Barbuda with firearms or ammunition without prior express consent from the Antigua and Barbuda government. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe. Convicted offenders can expect long jail sentences and heavy fines. Contact the Embassy of Antigua and Barbuda(link is external) with questions regarding travel with firearms.

The Bahamas

Firearms, ammunition, and other weapons are not permitted in The Bahamas. According to The Bahamas Firearms Act, individuals found to have a firearm or ammunition in their possession without a legally issued Bahamian gun license face a penalty of up to 10 years’ incarceration and $10,000 fine. Declaring the weapon in your luggage with an airline carrier does not grant permission to bring the weapon into The Bahamas.
If you have a firearm or ammunition onboard a boat entering Bahamian waters, you must declare it with Bahamian Customs at the first point of entry. Only declared shotguns and handguns are allowed in Bahamian waters. You must provide the serial number, name of the manufacturer, and an exact count of ammunition. Declared firearms cannot be removed from your boat and must be kept locked at all times.
If a U.S. citizen illegally brings a firearm or ammunition into The Bahamas, the U.S. Embassy will not be able to secure their release. All foreign nationals are subject to Bahamian law and must follow local law enforcement procedures.

Barbados

Do not enter Barbados with firearms or ammunition without prior express consent from the Barbados government. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe. Convicted offenders can expect long jail sentences and heavy fines. Contact the Embassy of Barbados(link is external) with questions regarding travel with firearms.

Belize

Do not enter Belize with firearms or ammunition without prior express consent from the government of Belize. Contact the Embassy of Belize(link is external) with questions regarding travel with firearms.

Dominica

Do not enter Dominica with firearms or ammunition without prior express consent from the Dominican government. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe, and convicted offenders can expect long jail sentences and heavy fines. Contact the Embassy of Domenica(link is external) with questions regarding travel with firearms.

Grenada

Do not enter Grenada with firearms or ammunition without prior express consent from the government of Grenada. Contact the Embassy of Grenada(link is external) with questions regarding travel with firearms.

Guyana

Do not enter Guyana with firearms or ammunition without prior express consent from the Guyana Police Force. Visit the Guyana Police Force(link is external) and U.S. Customs and Border Protection websites for more information.

Haiti

Possession of firearms, ammunition, and dangerous weaponry is strictly prohibited to any person, unless the individual has a Haitian license or has been specifically authorized by Haitian authorities. In order to bring a firearm into Haiti, an owner must obtain written permission in advance from the Director-General of the Haitian National Police (HNP). Contact the “Centre de Renseignement de la police”/Information Center (CRO) at cropnh@yahoo.fr(link is external) or by telephone at (+509) 3838-1111 / 3837-1111/3839-1111 for additional information. Travelers caught entering Haiti with any type of weapon, including firearms or ammunitions, will likely face severe penalties, including prison time. U.S.-issued permits allowing an individual to carry weapons are not valid in Haiti.

Jamaica

Jamaica strictly forbids importing or possessing firearms in Jamaica without prior authorization of the Firearms Licensing Authority of Jamaica. A U.S. concealed carry permit does not allow you to bring a firearm or ammunition into Jamaica. On Nov. 1, 2022, the Firearms (Prohibition, Restriction and Regulation) Act 2022(link is external) went into effect. This new law includes mandatory minimum sentences of 15 years for possession of even a single cartridge.

If you bring an unauthorized firearm, firearm components, firearm parts or ammunition to Jamaica, you will be arrested and prosecuted. This will result in a large fine and/or incarceration for an unspecified amount of time. Bringing mace, pepper spray or knives into Jamaica without authorization will also lead to arrest.

Montserrat

Penalties for possession, use, or trafficking in illegal firearms are severe. Convicted offenders can expect long jail sentences and heavy fines. Do not enter Montserrat with firearms or ammunition without prior express consent from the British government. Contact the British Embassy(link is external) before you travel with questions regarding travel with firearms.

Saint Kitts and Nevis

Do not enter Saint Kitts and Nevis with firearms or ammunition without prior express consent from the government of Saint Kitts and Nevis. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe, and convicted offenders can expect long jail sentences and heavy fines. Contact the Embassy of Saint Kitts and Nevis(link is external) before you travel.

Saint Lucia

Do not enter Saint Lucia with firearms or ammunition without prior express consent from the Saint Lucia government. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe. Convicted offenders can expect long jail sentences and heavy fines. Contact the Embassy of Saint Lucia(link is external) with questions regarding travel with firearms.

Saint Vincent and the Grenadines

Do not enter Saint Vincent and the Grenadines with firearms or ammunition without prior express consent from the Saint Vincent and the Grenadines government. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe. Convicted offenders can expect long jail sentences and heavy fines. Contact the government of Saint Vincent and the Grenadines(link is external) before you travel with questions regarding travel with firearms.

Suriname

Trinidad and Tobago

It is illegal to carry ammunition when arriving, departing or transiting through Trinidad and Tobago. Individuals found with as little as one bullet, a previously discharged bullet casing, or spent ammunition used in items such as jewelry or keyrings on their person or in their luggage at the airport have been detained, charged, and fined.

Associate States

Anguilla

Do not enter Anguilla with firearms or ammunition without prior express consent from the British government. Penalties for possession, use, or trafficking in illegal drugs or firearms are severe, and convicted offenders can expect long jail sentences and heavy fines. Contact the British Embassy(link is external) before you travel with questions regarding travel with firearms.

Bermuda

The Department of State warns United States citizens against taking any type of firearm, ammunition or component of a firearm into Bermuda. The Bermuda government strictly enforces its laws restricting the entry of weapons and ammunition. Entering Bermuda with a firearm, bladed instruments, an ammunition magazine, or even a single round of ammunition is illegal, even if the weapon or ammunition is taken into the country unintentionally. Permission to import or own a gun in Bermuda must be sought in advance from the Bermuda Police Service(link is external). Any privately owned firearms must be secured at Bermuda Police Headquarters. Violations may result in arrest, convictions, and potentially long prison sentences. Pepper sprays and stun guns are considered dangerous weapons in Bermuda and are illegal.

British Virgin Islands

Firearms entry restrictions may exist for visitors to and foreign residents of the British Virgin Islands. Contact the BVI Immigration Department(link is external) before you travel. Penalties for possession, use or trafficking in illegal drugs or firearms are severe, and convicted offenders can expect long jail sentences and heavy fines.

Cayman Islands

You are strictly forbidden to import or possess firearms or ammunition in the Cayman Islands. Even a single bullet inadvertently loose in a carry-on bag can lead to arrest. A conceal carry permit, employment by a police agency, or service in U.S. Armed Forces does not allow you to bring a firearm or ammunition into the Cayman Islands. If you travel with firearms, firearm components or parts and/or ammunition to the Cayman Islands, you will be arrested and referred to the local courts for prosecution, which will result in a substantial fine and/or incarceration for an unspecified amount of time.

Turks and Caicos Islands

Firearms, ammunition, and other weapons are not permitted in the Turks and Caicos Islands (TCI). TCI authorities strictly enforce all firearm-related laws; penalties include a minimum custodial sentence of 12 years according to the TCI Firearms Ordinance(link is external). Declaring the weapon in your luggage with an airline carrier does not grant permission to bring the weapon into the Turks and Caicos Islands.

Observer States

Aruba

Colombia 

Colombian law prohibits tourists and business travelers from bringing firearms and ammunition into Colombia.

Curaçao

Dominican Republic

Mexico

Weapons laws in Mexico vary by state, but it is generally illegal for travelers to carry weapons of any kind including firearms, knives, daggers, brass knuckles and ammunition (even used shells). Illegal firearms trafficking from the United States to Mexico is a major concern, and the Department of State warns all U.S. citizens against taking any firearm or ammunition into Mexico. If you are caught entering Mexico with any type of weapon, including firearms or ammunitions, you likely will face severe penalties, including prison time. U.S.-issued permits allowing an individual to carry weapons are not valid in Mexico. Vessels entering Mexican waters with firearms or ammunition on board must have a permit previously issued by a Mexican embassy or consulate.

Puerto Rico

Under the “Puerto Rico Weapons Act,” individuals are required to have a license to possess and a permit to carry firearms in Puerto Rico.

Sint Maarten

Venezuela

More Resources:

• Travelers with Firearms (U.S. Department of State – Bureau of Consular Affairs)
• Temporarily taking a firearm or ammunition outside the United States for personal reasons. i.e., hunting, or other personal recreational activities (U.S. Customs and Border Protection)
• Guidance for U.S. Persons Traveling Outside the U.S. with Firearms and/or Ammunition (U.S. Immigration and Customs Enforcement)
• How do I export defense articles, including firearms and ammunition? (Bureau of Alcohol, Tobacco, Firearms and Explosives)

Original warning from the ATF can be found here: