Customs bill faces concerns over potential abuse of power

The Customs Management and Duties Amendment Number 2 Bill of 2025 faced scrutiny from opposition legislators who voiced concerns about the potential for abuse of power.

Premier Dr Natalio Wheatley introduced the bill in the House of Assembly earlier this month, arguing that it would enhance the powers of Customs officers while maintaining safeguards to protect individual rights. The amendment also strengthens Customs enforcement and ensures compliance with international anti-money laundering standards.

Opposition Leader Ronnie Skelton cautioned that the expanded powers could infringe on civil liberties if not properly regulated. “None of us in here is immune to these provisions… We need safeguards to protect people from those in power,” he argued.

Skelton also highlighted the need for clear regulations to accompany the bill, ensuring that enforcement actions are carried out responsibly. “These safeguards sound good on paper, but they need regulations,” he insisted.

Customs authority expanded

The bill proposed several key changes, including expanding the authority of Customs officers to question individuals entering or leaving the territory.

“This includes the authority to question individuals to ensure compliance with currency reporting regulations, a crucial measure in preventing illicit financial flows,” Wheatley explained. The new legislation also empowers Customs officers to enforce provisions of the Proceeds of Criminal Conduct Act and the Drug Trafficking Offences Act in cases of suspected money laundering or terrorist financing.

The amendment comes as the BVI faces intense pressure to meet international standards set by the Caribbean Financial Action Task Force (CFATF). Wheatley stressed the importance of maintaining the territory’s financial integrity. “We are a big player in the world, but also when you’re a big player, you have big responsibilities,” he asserted.

Balancing security and civil liberties 

The bill includes safeguards to ensure that enhanced enforcement powers do not infringe on individual rights. Under Section 3B, officers are required to record the reasons for questioning individuals, ensuring accountability and transparency. “The questioning must be conducted in a manner that is proportionate and not arbitrary,” Wheatley added.

The legislation also allows the Commissioner of Customs to collaborate with foreign authorities in combating transnational crime. This measure improves international cooperation while protecting the BVI’s interests and maintaining control over sensitive information. “We are seeking to close the net on illicit financial activities,” Dr Wheatley asserted.

International compliance and local impact 

The amendment is part of a broader initiative to ensure the British Virgin Islands complies with international standards on anti-money laundering and counter-terrorist financing. The territory has been under scrutiny following the Caribbean Financial Action Task Force’s fourth round mutual evaluation report, which identified deficiencies in its financial regulatory framework.

Dr Wheatley emphasised the necessity of compliance to maintain the territory’s standing as a global financial centre. “It requires resources and making the legislation fit for purpose… It will be even more inconvenient if we do not comply,” he warned.