The ED Card: Mandatory for Sint Maarten Residents?

The ED Card: Mandatory for Sint Maarten Residents?

When traveling, many Sint Maarten residents wonder whether they need to complete the ED Card when they return home after a vacation abroad. Since October 2024, the Embarkation Disembarkation Card, abbreviated as “the ED Card,” has been presented by the government on its website(s) as being mandatory for everyone entering Sint Maarten. The website www.entry.sx states that all travelers who “visit, transit through, or reside in Sint Maarten” must complete the ED Card. Some believe that even Sint Maarten residents must complete the ED Card.
But is that correct? No. Hereinafter it will be explained why Sint Maarten residents do not need to complete the ED Card.
What Does the Law Say?
The National Ordinance on Admission and Expulsion (“the Ordinance”) governs who may enter Sint Maarten and under what conditions. The purpose of this law is to ensure that not just anyone can enter Sint Maarten (illegally) looking for employment. The Ordinance is accompanied by a further regulation: the Admission Decree . The Admission Decree specifies who must complete the ED Card.
To regulate their entry and prevent unauthorized employment, tourists are required to fill out the ED Card. The Admission Decree states that tourists are allowed to stay in Sint Maarten temporarily and are not allowed to work during their stay.
However, if you are a Sint Maarten resident, you do not need to complete the ED Card. Some residents may have to prove they are lawfully admitted—for example, if you are a (European) Dutch citizen or an American, if you hold a valid permit with a return guarantee, or if you can prove that the Ordinance and the Admission Decree do not apply to you because you were born here or in one of the countries of the former Netherlands Antilles (including Aruba before 1986), or if you are the child of someone who was. You can request a so-called “Not Applicable Declaration” from the Department of Immigration and Border Protection Service.
Even if you do not live in Sint Maarten, but were born here or in one of the countries of the former Netherlands Antilles (including Aruba before 1986), or if you are the child of someone who was, you cannot be legally obligated to complete the ED Card, provided you have a valid Not Applicable Declaration issued by the Department of Immigration and Border Protection Service.

Conclusion:
Contrary to what the website www.entry.sx may suggest, based on applicable laws, only a limited group of people must complete the ED Card: tourists and/or temporary visitors. Sint Maarten residents do—in principle—not need to fill out the ED Card and may not be persuaded to do so.

Disclaimer:
This blog provides general information and is not intended as legal advice. BZSE strongly recommends seeking personalized legal advice based on your specific circumstances before making any decisions or taking action.

Caroline Fiévez,
Attorney at BZSE Attorneys at Law/Tax Lawyers





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