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Charter company fined $95K for Customs & Immigration breaches- Wade Smith

- charter companies allegedly hiring boat captains without work permits, says the Commissioner of Customs, Smith
Commissioner of Her Majesty's Customs, Wade Smith said operations against charter companies and agencies breaching the territory's laws are continuing. Photo: VINO/File
Charter companies have allegedly been hiring boat captains without work permits. Photo: Internet Source
Charter companies have allegedly been hiring boat captains without work permits. Photo: Internet Source
ROAD TOWN, Tortola, VI - Resulting from a strategic operation executed jointly by Her Majesty’s Customs and the Department of Immigration, a charter company was fine $95,000, having been found defaulting as it related to its compliances for operating charters in the territory.

While the operations are still in progress, the charter company fined is the only one found erring. The name of the company has not been disclosed to this news site.

This information was revealed by Commissioner of Custom Mr Wade Smith yesterday June 20, 2016 during an exclusive interview with this news site. “We found that there were a number of boats chartering the BVI waters without obtaining the necessary licenses particularly for customs which is called the Commercial Recreational Vessels License (CRVL).

It was this news site on June 14, 2016 that first and accurately broke the story of the joint operations that sought to trap and prosecute errant charter companies.

While not ignoring the role played by members of the Royal Virgin Islands Police Force (RVIPF), Mr Smith was high in praise for the role played by officers of the Immigration Department “in terms of interrogation, the line of questing to the captains which has given us vital information to help us conduct further investigations of charter companies in the charter industry.”

Various laws being breached

According to Mr Smith, over the past six months there were a number of charter agencies and persons acting as agents for charter companies that were put on the firing line and charged having been found defaulting in their compliances also.

“They have been giving mis-information to their clients and they have been penalised as well. So we want to make sure that the charter agents and agencies working on behalf of these charter companies ensure that they are familiar with the charter laws and make sure that they don’t mislead their clients.”

Mr Smith added that, via the operations, it has been discovered that there are a number of agents giving clients misinformation of the customs and other laws of the VI. “The Commercial Recreational Vessels License (CRVL) act, the cruising permit act and we have also found that they have been circumventing the laws of other agencies including Immigration, Labour and National Parks,” said Mr Smith.

Captains being hired without work permits

The Customs head said that, through the operations, they have also found that some charter companies are guilty of hiring ‘skippers’ without work permits. “Some of these skippers are being hired through social media and they are bringing them into the territory and they are working without permits, which is a national security risk because they are not properly vetted.”

Charter companies have also been found to be posting false information on their website, especially as it regards Customs’ procedures. “That’s a no, no,” emphasised Mr Smith.

Dodging taxes

It has also been discovered that there are some charter companies have been hiding under the umbrella of sailing schools to avoid paying various taxes. There are some also operating as hotels, which according to Mr Smith, is a blatant violation of their trade and commercial license. “They are housing their guests for accommodation prior to going on to the cruises without the proper licenses.”

The charter company has reportedly paid the fine in full.

In order to avoid the pangs of fines and penalties, Mr Smith admonished charter companies, agents, agencies and captains to furnish themselves with copies of the requisite legislations and follow through with them.

44 Responses to “Charter company fined $95K for Customs & Immigration breaches- Wade Smith”

  • foxy (21/06/2016, 14:35) Like (51) Dislike (3) Reply
    Good work wade
    • Second That (21/06/2016, 16:19) Like (50) Dislike (1) Reply
      Excellent Job Wade !!!!! Go get all of them. They need to change their perception of us, either by will or by force. If Labour, Immigration, Inland Revenue and Social Security were to work collaboratively and form an alliance we would get so much more accomplished in terms of those persons contravening the laws of the land, but.............. that's all I would say "But."
    • Jim (21/06/2016, 19:11) Like (18) Dislike (32) Reply
      good work my foot, why you never hear a local company fined, set of crooks, they the local companies breached the most laws, but all of them is friends and family, these people cant fool me, wade need to go sit down.
  • ha (21/06/2016, 14:39) Like (13) Dislike (5) Reply
    I sick of these white collar criminals getting away with murder. Jail dem arses!
  • l. Sad. (21/06/2016, 14:49) Like (14) Dislike (0) Reply
    Government need money.. Warning and education is no longer an option... You slip, you slide, you pay...Have to make back the money they waste up...
  • undermind (21/06/2016, 14:49) Like (21) Dislike (12) Reply
    My understanding is they doing their best to not hire local/blacks!!!!
  • wize up (21/06/2016, 14:57) Like (60) Dislike (10) Reply
    I really want to hear the local talk show host on this matter because dem busy calling on the governor to lock up our own people while the whites here ripping off the territory ...,thank Jahova some people in authority have balls and I hope the premier and his polital associates don't try to victimize wade for executing his lawful duties.....the laws of this land are only applicable for colored folks(yes! I wrote it and the most you can do is get upset)......go after the rest of them to the fullest extent of the law!!!!
  • Soggy (21/06/2016, 15:22) Like (11) Dislike (1) Reply
    Name the charter companies.
    • wize up (22/06/2016, 07:33) Like (3) Dislike (3) Reply
      @ soggy: as you fully we know BVI have a substantial number of charter companies; simply conduct investigations and those who are found to be in good-standing God bless them while those that are here breaking the laws of this territory should pay the price and that is not to much to ask(who vex vex)... But let me say this; some of us gets very upset once something is said about white folks in this BVI then tiring hiding behind Race like OJ Simpson at his trial back in 1995..
  • guth (21/06/2016, 15:27) Like (27) Dislike (1) Reply
    Wade has done more than deloris yall
    • wize up (21/06/2016, 18:17) Like (4) Dislike (0) Reply
      & guth: trying to get the young man run for district 5 !!!! That's a real action man
  • good job (21/06/2016, 15:31) Like (26) Dislike (2) Reply
    Good Job Well Done Customs Commissioner!!! Now look into a joint task force to deal with the day trip charter vessels that come to our waters everyday from STT. They are operating in our waters and benefiting by way of making money from the business. Are they a registered BVI company and do they have a trade license to do such?
    • justice (21/06/2016, 17:01) Like (8) Dislike (3) Reply
      @Good Job, I absolutely agree with you. Every day there are boats coming out of St. Thomas and St. John, bringing loads of visitors; (a good thing). However, it must be done right and the country must benefit by earning the rightful fees. They seem to be also providing food and drinks competing with the local restaurants/bars.
      In the Dominican Republic, everyone entering the country pays a $10.00 Us upon entering the country; paid before leaving the airport.
      Locals pay a departure tax upon departing the Bvi, (and other places). We also pay a departure leaving St. Thomas upon returning from St. Thomas. Yet we celebrate Usvi/Bvi Friendship Day
      • @justice (22/06/2016, 12:04) Like (0) Dislike (0) Reply
        It goes both ways. Locals pay departing ST. Thomas, and also pay departure leaving Tortola to return to St. St. Thomas. What was your point? Also, most charter companies if not all and I may be wrong pays customs fee for each passenger upon entering the BVI for the day sails. So what are you talking about? Please explain
    • rodent (24/06/2016, 10:40) Like (0) Dislike (0) Reply
      Day charters from USVI check into BVI C&I andante a fee for each guest onboard
      They also spend money on BVI businesses.
  • time will tell (21/06/2016, 15:32) Like (12) Dislike (2) Reply
    Finally someone is not afraid to deal with this old issue. Certain people believe they are above the law because they come to the BVI and do as they want because no one has been checking. Well, I am pleased to see that these issues are finally being looked into. They take over the industry and then brain wash people into thinking that locals are not qualified and do not want to work, when they are not even considered for certain positions. I know quite a lot of local captains who do not stand a chance at some of these charter companies because their heads are racists and only see the BVI as their cash cow. Time to put a stop to the nonsense. Someone need to be willing and brave enough to check the other businesses/companies.
  • Girl gone wild (21/06/2016, 15:51) Like (11) Dislike (1) Reply
    Ok niw head to trellis bay
  • Treasury (21/06/2016, 16:07) Like (13) Dislike (2) Reply
    They already spent the 95k, more fines needed to keep up with the gang!
  • Man a bad man (21/06/2016, 16:41) Like (13) Dislike (13) Reply
    A lot of these charter companies are really racist. Like putting false requirements for available job positions, just to throw off locals. Especially Too Many Managers.
    • justice (21/06/2016, 17:31) Like (3) Dislike (7) Reply
      On New Years day, at least 50 yachts, and possible quite a bit more pulled into Virgin Gorda Marian Marina all of them with full crews of blond captains and crews. Somehow, it didn't seem seem logical or possible that immigration and labour would have permitted approving those work permits.
      Then again, it must have been the same company, (charged) that made it possible.
      Local captains are becoming extinct. Not only that, but, (and I have to use a lil racial language), with the white captains and crews, the the out islands befitting at the expense of restaurants on Virgin Gorda.
      • vick (21/06/2016, 20:27) Like (15) Dislike (1) Reply
        these are crewed boats,means that the crews spent full time on the boats,365 days a year.i don't know a lot of locals captains who are ready to do that.
        • wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww (21/06/2016, 23:20) Like (2) Dislike (18) Reply
          They are worst than the KILLERS and Robbers around the street corner. You put them there and you must rise up and stop this raping of the nation. JAIL ALL OF THEM. Thieves from h
        • Lilly (22/06/2016, 18:09) Like (1) Dislike (0) Reply
          Stop assuming that locals do not want to do it. They are not given the chance.
  • bonus (21/06/2016, 16:47) Like (10) Dislike (3) Reply
    HM Customs working hard to make the Christmas bonus, nothing else.
  • cay (21/06/2016, 16:57) Like (6) Dislike (1) Reply
    Hope they do not call on the politics and first laday with their rich white friends
  • Bravo (21/06/2016, 18:05) Like (8) Dislike (1) Reply
    Somebody needs to investigate some of these trust companies as well.
  • Freejud. (21/06/2016, 19:00) Like (3) Dislike (2) Reply
    It's about time. Charter companies are hiring guys to instruct clients when they are not certified instructors,,it's been happening quiet often recently
  • watching (21/06/2016, 20:13) Like (5) Dislike (0) Reply
    No problem here about enforcing the laws of the land . Lets just enforce ALL of them for All companies equally . What ever became of the rents owed in the Cay ? Just sayin ...
  • VG (21/06/2016, 20:44) Like (1) Dislike (0) Reply
    Visit oil nut bay now lots coming in for others an putting under pioneer status dig dig
  • It's not racist (21/06/2016, 21:30) Like (32) Dislike (2) Reply
    i have published a need for captains several times in the past couple of months and only have had 2 black captains apply and neither are local but both have paperwork to work here. The moorings is running training programs to train their local captains, there is an instructor clinic happening this summer. Interest from locals- zero.
    There is work for locals who are professional skippers. Just coz you can drive a boat doesn't make you a captain. You have to look after the boat and the guests. If you want work and you have good references send your resume around.
  • -------------------- (21/06/2016, 22:55) Like (3) Dislike (1) Reply
    what about the politicians and the white colour crimes? how come John Duncan not locking them up?
  • 284 (22/06/2016, 03:33) Like (1) Dislike (0) Reply
    When immigration enforce their laws local and foreign bitch.
  • Access. ?? (22/06/2016, 03:48) Like (19) Dislike (0) Reply
    I am yet to find access to information with out having to go to a customs office and ask personally. I totally agree, legislation needs to be followed but there are many many people who would like to see a PROPER BVI Customs and Immigration website so as not to have to bother some poor soul on the phone with repetitive, easy to answer questions. People sailing into the area for the first time have to rely on 3rd party publications which COULD HAVE the wrong information in the first place. A really good, informative, up to date website is needed urgently.
  • Erick (22/06/2016, 04:47) Like (2) Dislike (6) Reply
    Most of the charter companies here are selling instructional courses but have no instructors on staff, when a potential client comes along they are running around like headless chickens looking for an instructor, they hire guys without permits, it happens all the time, but now we are watching, we will report you to the authorities
  • faith (22/06/2016, 04:57) Like (3) Dislike (1) Reply
    I know a black instructor here that is willing to teach and certify locals up to American Sailing Association BareBoat Chartering, not one has made the effort to learn although the instructor has volunteered his boat for free.
  • paul (22/06/2016, 07:42) Like (0) Dislike (7) Reply
    Some body has to look in to this matter as well ..when these charter companies send out a boat with a captain there is no bathroom for the captain to use and no cabin for the captain to sleep in .they are bring in these whites people to do the work where as they are alot of local that can do the job
  • Hmm (22/06/2016, 08:37) Like (3) Dislike (3) Reply
    For once He is doing something other than running his mouth.
  • OIL NUT BAY (22/06/2016, 10:17) Like (1) Dislike (3) Reply
    You really going to charge my white rich friends..Wow
  • l (22/06/2016, 12:22) Like (1) Dislike (0) Reply
    is this the new revenue initiative
  • zhan (22/06/2016, 21:46) Like (0) Dislike (0) Reply
    It is the biggest charter company in the bvi
  • white guy (30/06/2016, 09:19) Like (0) Dislike (0) Reply
    Please name the charter company.


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