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Official Gazette of Aruba 2020 no. 70 COVID-19

Taskforce for Business official announcement COVID-19

(Afkondiginblad van Aruba – Taskforce Bedrijven

2020 no. 70

MINISTERIAL REGULATION of 12 May 2020to 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

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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 in two people in Aruba
diagnosed who traveled from abroad to Aruba; – 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 in front

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Thereby danger to persons and property, desirable GE turned to set new restrictive rules with regard to the presence of persons outside their homes and accommodation in the evenings by means of a ministerial regulation pursuant to Article 16, first paragraph, of the Emergency Regulation (General regulation on combating COV 19 I; AB 2020 no. 38). , and to consolidate and where necessary amend existing restrictive rules on the entry and closure of shops and premises in this ministerial scheme; – that the ministerial regulation with some adjustments was extended twice with some adjustments by means of the General regulation on combating COVID 19 II (AB 2020 no. 39) and the General regulation on combating COVID III (AB 2020 no. 42); – that new additional rules were subsequently set on the basis of experience gained by means of the General regulation on combating COVID 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
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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 of
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
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. 2. 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
1. 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. 2. 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. 3. In case of violation of the second paragraph, a service, institution or company can be closed by the police temporarily, until further violation is prevented.
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Article 1.3
1. 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. 2. The first paragraph applies mutatis mutandis to the performance of work elsewhere than in a commercial building or on a commercial site. 3. 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
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 exceed a
does not total of 15; b. the contractor has aby the Public Works Department
statement of approval issued. 2. In order to be eligible for an approval statement as referred to in the first paragraph, part b, the contractor must register both
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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, according to the National Ordinance on Admission and Deportation (AB 1993 no. GT 33), must have a residence permit with permission to work, copies of the residence permits showing the CRV numbers of those persons assigned by DIMAS. 3. 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. 4. 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. 5. The first up to and including the fourth paragraphs apply mutatis mutandis
to self-construction and self-maintenance.
Article 2.2
1. 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. 2. If it concerns persons who must have a residence permit with permission to work under the National Ordinance on Admission and Deportation, 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.
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§3. Curfew and compulsory closing
Article 3.1
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. 2. 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 or should reside or find residences; 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, only to the extent that they are or go to their place of work and bear a card, badge, sticker, statement or any similar special means issued by the institution or company, indicating their capacity, function and / or reason for their presence outside their home or residence; 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, only to the extent that they must work locally during that period, to and from their place of work and be provided with aby the service or
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card, badge, sticker, statement or other similar means issued which indicates their capacity, function and / or reason for their presence appears outside their home or residence; civil servants and other persons employed by or for the benefit of the Country within the meaning of this section are in any case understood to mean employees who work in continuous and shift work at the Correctie Instituut Aruba, the Instituto di Alarma y Seguridad and the Orthopedagogical Center Aruba; f. the officials of that directorate designated by the director of the Directorate of Public Health, the officials of that inspectorate designated by the head of the Public Health Inspection Aruba, the officers of that directorate designated by the director of the Directorate of Aviation, the officers of the director of officials of that directorate designated by the Shipping Directorate, and officers of that directorate designated by the director of the Directorate of Social Affairs, all only insofar as they go to or from their workplace and are provided with an institution or company issued card, badge, sticker, statement, or other similar means of attestation showing their capacity or function and / or reason for their presence outside their home or residence; g. the Governor; h. the employees of the Cabinet of the Governor, in so far as they must work locally during that period, go to or from their workplace and are provided with a card, badge, sticker, statement or any similar special means of indicating their capacity, function and / or reason for their presence outside their home or residence; i. ministers; j. Members and the Registrar of Parliament, as well as support personnel employed by Parliament, insofar as they are required to work locally during that period and to travel to or from their place of work; with regard to the support staff, they must be in possession of a card, badge, sticker, statement or issued by the President of the States of Aruba,
page 9Aruba. No. 70 _____________________________________________________________________
a similar special means showing their capacity/function appears; k. members of the armed forces of the Kingdom; l. foreign officials to be designated by the Minister; m. other persons, only if they go to or from a care institution or a pharmacy with evening and night shifts for a demonstrably urgent reason.
Article 3.2
1. It is prohibited after 21.00:
a. To have shops and other commercial locations accessible to the public
or spaces of any kind, b. have an audience in these shops, locations and spaces, and c.persons, including personnel, to these stores, premises
admit and areas. 2. The prohibition, referred to in the first paragraph, does not apply to hotels and lodgings, insofar as it concerns their own guests and staff. 3. The prohibition referred to in the first paragraph does not apply to pharmacies
that have evening and night shifts. 4. The prohibition, referred to in the first paragraph, does not apply to the grounds
and buildings of the airport and of the seaports.
§4. Prohibition of gathering subject
Article 4.1
1.to the provision or purchase of essential services or processes, it is prohibited to participate intentionally on or on public roads, in public parks or gardens, on sports fields or on beaches or waters. to a group of four or more people. 2. The first paragraph does not apply to groups that only consist of
persons who form a family or household. 3. A uniformed police officer is authorized to anyone who is in a group of persons referred to in the first paragraph, is to
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orders to immediately by that group and by to indicate the direction indicated or to continue in the direction indicated by him. Everyone is obliged to obey the order. 4. The first paragraph does not apply between 05:00 and 21:00 for people who work on-site for a construction or maintenance project as referred to in Article 2.1.
Article 4.2
Without prejudice to Article 7, it is forbidden to be at or in front of the entrance or in the immediate vicinity of services, institutions and companies as referred to in Articles 2 and 3 in or near persons other than with storage of one and a half (1 1⁄2) meters away from other persons present there.
§5. Other prohibitions
Article 5.1
It is prohibited to sell or offer lotteries, lotto, catchy or other forms of games of chance.
Article 5.2
It is forbidden to hold or perform funeral or cremation services in which at any time more than 10 persons are present on site.
§6. Restrictions for persons in isolation or quarantine
Article 6.1
1. Without prejudice to what has been determined or decided by or pursuant to the National Ordinance on Infectious Diseases (AB 2019 No. 27) or any other statutory regulation, it is persons against whom a measure of quarantine, isolation or compulsory stay-at-home has been communicated or imposed,
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to evade it or to move away from their homes or accommodation. 2. Persons as referred to in the first paragraph may be obliged to install and maintain on their mobile phone a special application to be designated by or on behalf of the director of the Public Health Department, which is exclusively intended for the verification of the location. and the identity of that person in the context of compliance with paragraph 1. 3. The uniformed police officers, the supervisors, as referred to in Article 11.2 of the National Ordinance on Infectious Diseases, as well as the special investigative officers employed by the Social Insurance Bank, supervise compliance with the first and second paragraphs.
§7. Travel measures
Article 7.1
1. It is prohibited to transport persons from by means of aircraft
abroad to Aruba. 2. The prohibition, referred to in the first paragraph, does not apply to foreign government officials and categories of other persons to be designated by the Minister. 3. The prohibition referred to in the first paragraph does not apply to crew members of aircraft, insofar as they enter Aruba on the instructions of their employer in the context of their regular activities. 4. The prohibition, referred to in the first paragraph, does not apply to transit flights and transfer flights that transport persons to other destinations besides Aruba, on the understanding that such flights must always have the prior approval of the director of the Aviation Directorate. .
Article 7.2
The operator of an aerodrome ensures that all passengers and crew members arriving from abroad are subjected to medical screening immediately after entering the airport building.
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by a director of a body approved by the Directorate for Public Health in accordance with a procedure established by that director.
Article 7.3
The adjustment of operational opening hours or the complete or partial closure of an aerodrome or building is only possible with the prior written consent of the director of the Aviation Directorate.
Article 7.4
1. It is prohibited to transport persons by ships or other vessels
from abroad to Aruba. 2. The prohibition, referred to in the first paragraph, does not apply to foreign government officials and categories of other persons to be designated by the Minister. 3. The prohibition, referred to in the first paragraph, does not apply to crew members, on the understanding that they may not leave the port site.
Article 7.5
The operator of a port site shall ensure that all persons arriving from abroad are screened immediately after landing by a body approved by the director of the Directorate of Public Health in accordance with a procedure established by that director.
§8. Prohibition of irregular entry of goods by sea
Article 8.1
1. It is prohibited to bring goods, including fish, into Aruba with ships or vessels of any kind without the permission of the Harbor Master.
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2. It is forbidden to make contact with foreign ships or vessels within or outside the territorial waters of Aruba without the permission of the Harbor Master, of ships or vessels of any kind. of any kind for the purpose of transshipment of goods. 3. The first paragraph does not apply to caught by residents themselves
fish or other sea animals and introduced. 4. Paragraphs 1 and 2 do not apply to regular freight and freight traffic that passes through the ports of Oranjestad, Barbara and San Nicolas with the permission of the Harbor Master and the port manager.
§9. Final provision
Article 9.1
1. These ministerial regulations shall enter into force on 13 May 2020. 2. They may be cited as the General regulations on combating COVID-
19 XIX.
The Minister of General Affairs, Integrity, Public Care, Innovation and Energy, EC Wever-Croes
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APPENDIX A NON-ESSENTIAL SERVICES AND PROCESSES
Education 1. Schools, childcare centers and training institutions and training institutions
;
Retail 2. Shopping centers; 3. Flea markets;
Catering and foodstuffs 4. Bars; 5. Night clubs, discos and the like; 6. Restaurants and other commercial preparation
food and delivery venues, except for 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 party entertainment; 12. Sports and fitness centers or venues; 13. Event, conference and meeting centers; 14. Establishments where commercial opportunities are given for performing sexual acts with or for a third party or commercial displays of an erotic-pornographic nature;
Others 15. Barbershops, hairdressers and hair salons; 16. Beauty salons, spas and massage salons; 17. Saunas; 18. Construction projects, with the exception of those that are carried out on behalf of (i) the government in the context of the law enforcement or criminal justice system or (ii) on behalf of the hospital, and which are not subject to any delay, as well as construction and maintenance projects , referred to in Articles 2.1 or 2.2; 19. Churches, temples and other buildings or areas intended for the practice of religion
;
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APPENDIX B GUIDELINES FOR HYGIENE AND SOCIAL DISTANCE IN THE PROVISION OF ESSENTIAL SERVICES AND PROCESS
Measures to ensure social distance
• No more than two persons per family or household will be in a company at the same time allowed.
• Unless the nature or extent of the service, institution or company opposes this, no more than 15 persons, including personnel, may be present in the building or on the grounds.
• Everyone who is present in the company or on the company site must keep a distance of at least one and a half (1 1⁄2) meters from the other persons present; the entrepreneur is responsible for indicating by means of, for example, colored tape on the ground, the distance at which the persons at the checkout and in aisles and at the entrance to the company must keep their distance. The entrepreneur also ensures clearly visible one-way corridors.
• Outdoor furniture (tables, benches, chairs) in front of the building should be removed so that customers and / or staff cannot sit side by side. Indoor furniture must also be removed or covered.
• Access is limited to a specific number of customers. Only 1 person per shopping cart and basket is allowed.
• The access of a visibly ill customer is refused.
• Before the customer enters the shop, the handles of the shopping trolleys and baskets are disinfected, as well as the hands of the customers.
• Customers who fail to comply with these measures are requested to leave the store or company premises immediately.
Measures to ensure good hygiene when contacting a customer
• An entrepreneur ensures the presence of alcoholic hand gel (at least 70%) at the customer entrance of the company;
• Shopping carts, shopping baskets and PIN payment machines are regularly disinfected during the day with sanitizer or a chlorine-containing cleaning agent;
• The use of cash is discouraged;
• The personnel is informed and trained about hygiene regulations.
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Internal personnel policy regarding social distancing or social distance
• In the case of canteen use by employees, whereby a certain number of employees can use the canteen at a time, 1 1⁄2 meters are kept apart and the space used must be disinfected after each use.
• The employer makes sufficient cleaning products available to the employees.
• The employer provides sufficient personal protection equipment for the employee.
General hygiene regulations
• Everyone should wash hands with soap and water for at least 20 seconds, in the absence of water use a gel with at least 70% alcohol;
• When sneezing or coughing, a paper handkerchief is used and immediately discarded; if not available, coughing or sneezing in the curve of the elbow;
• The face, especially the mouth, nose and eyes, should be touched as little as possible;
• Surfaces that are touched by many people, such as light switches, sockets, doorknobs and the like, should be cleaned regularly.
Hygiene rules for takeaways
• There is a separation zone between customers and staff to keep customers waiting at a distance.
• Where this is not possible, indicate the area with colored tape for handing over food.
• The food must be handed over safely.
• The counter should be disinfected regularly.