Taskforce for Business official announcement COVID-19
(Afkondiginblad van Aruba – Taskforce Bedrijven)
2020 no. 70
MINISTERIAL REGULATION of 12 May 2020 to Article 16, first paragraph, of the Emergency Regulation (AB 1989 no. 51) (General regulation on combating COVID-19 XIX)
Issued, 12 May 2020
The minister of Justice, Security and Integration, ACG Bikker
Page 2 Official Gazette of Aruba 2020 no. 70
THE MINISTER OF GENERAL AFFAIRS, INTEGRITY, PUBLIC CARE, INNOVATION AND ENERGY
Considering:
that according to the World Health Organization there is a pandemic of an infectious disease of a new sub-type of human influenza virus called COVID-19;
that this infectious disease has now been found in many countries;
that on 13 March 2020 this infectious disease was diagnosed in two people in Aruba who traveled from abroad;
that as a result of this and the general threat posed by COVID-19 there is an event which leads to such serious disturbances in general security that the lives and health of many citizens are seriously threatened, or that there is, in any case, a serious fear of it;
that it was consequently decided by national decree of March 13, 2020 No. 1 (SMR-W-41/2020) that (i) there is a disaster within the meaning of Article 1 of the Emergency Regulation (AB 1989 no. 51), as a result of which it is necessary to be able to exercise the extraordinary powers referred to in Articles 11 to 18 of that National Ordinance, and (ii) that the application of the points referred to in Article 4, third paragraph, of the Emergency Ordinance takes place in accordance with the Crisis Management Plan Aruba, as determined by the decision of the Ministerial Council of 31 July 2018 (BE-51/18), as subsequently updated;
having regard to the current distribution of COVID-19 in a number of countries and the urgent interest in controlling and preventing the further spread of this infectious disease in Aruba, through various ministerial regulations based on Article 16, first Member, of the Calamities Ordinance, far-reaching restrictions have been imposed on the entry of persons into Aruba and the closure of shops and locations in Aruba;
that because of the urgent interest in the control and prevention of the further spread of this infectious disease in Aruba and thereby danger to persons and property, desirable new restrictive rules with regard to the presence of persons outside their homes and accommodation in the evenings have been set by means of a ministerial regulation pursuant to Article 16, first paragraph, of the Emergency Regulation (General regulation on combating COVID-19 I; AB 2020 no. 38);
that the ministerial regulation with some adjustments was extended twice by means of the General regulation on combating COVID-19 II (AB 2020 no. 39) and the General regulation on combating COVID-19 III (AB 2020 no. 42);
that new additional rules were subsequently set based on experience gained by means of the General regulation on combating COVID-19 IV (AB 2020 no. 43), including with regard to the limited presence of persons outside their homes and residential areas;
that the operation of this ministerial regulation has subsequently been extended with some adjustments by means of the General regulation against COVID-19 V (AB 2020 no. 46), the General regulation against COVID-19 VI (AB 2020 no. 47), the General regulation against COVID-19 VII (AB 2020 no. 48), the General regulation against COVID-19 VIII (AB 2020 no. 50), the General regulation against COVID-19 IX (AB 2020 no. 51), the General regulation on combating COVID-19 X (AB 2020 no. 52), the General regulation on combating COVID-19 XI (AB 2020 no. 55), the General regulation on combating COVID-19 XII (AB 2020 no. 58) and the General regulation on combating COVID-19 XIII (AB 2020 no. 61), the General regulation on combating COVID-19 XIV (AB 2020 no. 62) and the General regulation on combating COVID-19 XV (AB 2020 no. 63);
subsequently, because of an improved situation, a gradual easing process has begun, allowing activities of certain categories of activities and companies to be authorized under certain conditions aimed at protecting public health;
to this end, the General Control Regulation COVID-19 XVI (AB 2020 no. 64) has been established, which entered into force on May 4, 2020 and which has been extended by means of the General Regulations control against COVID-19 XVII (AB 2020 no. 66) and the General regulation against COVID-19 XVIII (AB 2020 no. 69);
in view of the current situation, it is the desirable operation to extend this ministerial regulation as well;
In view of: Article 16, first paragraph, of the Emergency Regulation (AB 1989 no. 51);
HAS DECIDED:
§1. Obligation to stay at home; essential and non-essential services and processes Article 1.1
Everyone is obliged to remain in his home or residence unless one must be outside for the provision or purchase of essential services and processes.
The term house also includes: a. Between 05:00 and 22:00: the residential area around the house; b. between 10 pm and 5 am: the part of the residential area that is not adjacent to the public road.
Article 1.2
Services, institutions and companies that perform essential services or processes do this as far as possible with minimal staffing. They shall provide personnel with a card, badge, sticker, statement or other similar means, indicating their capacity or function.
Services, institutions and companies that provide essential services or processes shall observe the guidelines for hygiene and social distance, listed in Appendix B to this ministerial regulation.
In case of violation of the second paragraph, a service, institution or company can be closed by the police temporarily.
Article 1.3
Services, institutions and companies that perform non-essential services or processes are prohibited from opening to the public or having people working there. Non-essential services and processes are those that are listed in Appendix A of this ministerial regulation.
The first paragraph applies mutatis mutandis to the performance of work elsewhere than in a commercial building or on a commercial site.
In the event of a violation of the first and second paragraphs, a service, institution or company may be closed by the police.
Article 1.4
Compliance with Articles 1.2 and 1.3 is also supervised by the supervisors appointed under national ordinance who work at the Department of Labor and Research, the Department of Economic Affairs, Trade and Industry, the Department of Public Health, the Public Works Department, the Technical Inspections Department, the Bureau City Inspector and the Fire Service.
§2. Special rules with regard to construction
Article 2.1
Working on construction projects and carrying out maintenance work on existing buildings is permitted, provided that the following is complied with: a. The number of persons present on a construction site does not exceed a total of 15; b. the contractor has a statement of approval issued by the Public Works Department.
In order to be eligible for an approval statement as referred to in the first paragraph, part b, the contractor must register both himself as the construction or maintenance project with the Public Works Department, underproduction of the number and identity of the employees in the project and, in the case of persons who must have a residence permit with permission to work, copies of the residence permits showing the CRV numbers of those persons assigned by DIMAS.
Without prejudice to the first and second paragraphs, no statement of approval is issued if no building permit has been issued for the construction project.
Working on construction projects and carrying out maintenance work on existing construction works is carried out exclusively with the aid of employees registered by the contractor by means of the statement of approval with the Public Works Department.
The first up to and including the fourth paragraphs apply mutatis mutandis to self-construction and self-maintenance.
Article 2.2
Contrary to Article 2.1, first paragraph, construction and repair work on an owner-occupied home that is carried out in a family with up to 3 people shall be reported to the Public Works Department.
If it concerns persons who must have a residence permit with permission to work, they must have copies of their residence permits with them, showing the CRV numbers issued by DIMAS.
Article 2.3
Articles 1.2 and 1.4 apply mutatis mutandis to Articles 2.1 and 2.2.
§3. Curfew and compulsory closing
Article 3.1
It is prohibited for anyone to move or be outside their homes or accommodation between 22:00 and 05:00. House also includes the part of the residential area that is not adjacent to the public road.
The first paragraph does not apply to:
a. Police and other investigative officers and civil servants in charge of state security;
b. prosecutors and the Attorney General, as well as members of the judiciary, insofar as they must move or be outside their homes or residence in the performance of their duties;
c. officials and other persons working in continuous and shift work at the Departamento di Aduana, the Cuerpo Especial Arubano, the Guarda nos Costa and the Coast Guard, insofar as they perform outside their homes in the performance of their duties;
d. persons who work at or for the benefit of healthcare institutions, pharmacies with evening and night shifts, the utility companies WEBNV, ELMAR NV and SETAR NV, as well as Aruba Airport Authority NV, Aruba Ports Authority NV and ANSA NV;
e. officials and other persons employed by or for the benefit of the Country, as well as private-sector employees who work in continuous and shift work;
f. the officials of the Directorate of Public Health and other designated officials, only insofar as they go to or from their workplace;
g. the Governor;
h. employees of the Cabinet of the Governor;
i. ministers;
j. Members and the Registrar of Parliament;
k. members of the armed forces of the Kingdom;
l. foreign officials designated by the Minister;
m. other persons going to or from a care institution or pharmacy for an urgent reason.
Article 3.2
It is prohibited after 21:00:
a. To have shops and other commercial locations accessible to the public;
b. to have an audience in these shops, locations and spaces;
c. to admit persons, including personnel, to these stores, premises and areas.
The prohibition does not apply to hotels and lodgings for their own guests and staff.
The prohibition does not apply to pharmacies that have evening and night shifts.
The prohibition does not apply to the grounds and buildings of the airport and seaports.
§4. Prohibition of gathering
Article 4.1
It is prohibited to participate intentionally in a group of four or more people in public areas for the provision or purchase of essential services or processes.
The first paragraph does not apply to groups consisting only of family members.
A uniformed police officer is authorized to order anyone in a group to disperse.
The first paragraph does not apply between 05:00 and 21:00 for construction or maintenance projects as referred to in Article 2.1.
Article 4.2
Without prejudice to Article 7, it is forbidden to be near services, institutions and companies without maintaining a distance of one and a half (1 1⁄2) meters from other persons.
§5. Other prohibitions
Article 5.1
It is prohibited to sell or offer lotteries, lotto, or other forms of games of chance.
Article 5.2
It is forbidden to hold or perform funeral or cremation services with more than 10 persons present.
§6. Restrictions for persons in isolation or quarantine
Article 6.1
Persons under quarantine, isolation, or stay-at-home orders are prohibited from evading such measures.
They may be obliged to install and maintain a designated application for location verification.
Compliance will be supervised by uniformed police officers and other appointed supervisors.
§7. Travel measures
Article 7.1
It is prohibited to transport persons to Aruba by aircraft.
This prohibition does not apply to designated foreign government officials or crew members.
Transit flights must have prior approval.
Article 7.2
Operators of aerodromes must screen all arriving passengers and crew.
Article 7.3
Changes to operational hours or closures require prior written consent.
Article 7.4
It is prohibited to transport persons by ships to Aruba.
Exceptions apply for foreign officials and crew members.
Article 7.5
Operators of port sites must screen all arriving persons.
§8. Prohibition of irregular entry of goods by sea
Article 8.1
It is prohibited to bring goods into Aruba without permission from the Harbor Master.
Contact with foreign vessels for transshipment is also prohibited without permission.
These restrictions do not apply to personal catches of fish.
Regular freight traffic is exempt with permission.
§9. Final provision
Article 9.1
These regulations shall enter into force on 13 May 2020.
They may be cited as the General Regulations on Combating COVID-19 XIX.
APPENDIX A: NON-ESSENTIAL SERVICES AND PROCESSES
Education
Schools, childcare centers, and training institutions.
Retail
2. Shopping centers.
3. Flea markets.
Catering and foodstuffs
4. Bars.
5. Night clubs, discos, etc.
6. Restaurants (except take-away or delivery).
7. Bakeries (unless for collection or delivery).
Recreation
8. Casinos.
9. Cinemas.
10. Neighborhood and recreation centers.
11. Party centers and entertainment venues.
12. Sports and fitness centers.
13. Event, conference, and meeting centers.
14. Establishments for sexual acts or erotic displays.
Others
15. Barbershops and hair salons.
16. Beauty salons and spas.
17. Saunas.
18. Construction projects (exceptions apply).
19. Religious buildings.
APPENDIX B: GUIDELINES FOR HYGIENE AND SOCIAL DISTANCE
Measures to ensure social distance
Limit two persons per family in a company.
No more than 15 persons in a building or grounds.
Maintain a distance of at least one and a half meters.
Remove outdoor furniture to prevent gatherings.
Limit access to a specific number of customers.
Deny access to visibly ill customers.
Hygiene measures
Mandatory handwashing and use of disinfectants.
Provide tissues and no-touch garbage bins.
Use sneeze or cough sleeves.
Regularly disinfect surfaces.
Display health advisories.