BVI News

Customs issues $40K fine to misleading charter agent

Commissioner of Customs Wade Smith

Commissioner of Her Majesty‘s Customs, Wade Smith, disclosed that a Pasea-based local agency was recently handed a $40,000 fine for deliberately misleading a charter vessel, among other things.

Smith said the agent instructed operators of the vessel to inform its passengers that they were not a charter vessel, and instead was a private vessel.

He explained that this was done deliberately to circumvent the system, adding that this was not the first fine for the agent. He said they were previously penalised for similar offences.

The agent was fined $5,000 on February 16 for failing to obtain a commercial license while being a charter.

Customs also issued a $5,000 fine to the agent for cruising without a cruising permit, a $10,000 fine for false declaration, and a $20,000 fine for obstruction of the duties of a Customs officer.

The vessel the agent encouraged to circumvent the system is a 239-foot mega-yacht that entered the BVI from St Maarten. The vessel was caught while on its way to Peter Island.

Agents warned at symposiums

He said despite several symposiums held with the industry in the BVI and United States Virgin Islands (USVI) where agents were warned about sharing misinformation to the public, this practice still continues.

Since the symposiums, Smith said boaters have been calling the Customs Department almost daily to access accurate information. He said some have also admitted that agents have been giving them information on how to circumvent the laws and policies of the BVI.

According to the Customs boss, charter agents have a responsibility; not only to the clients but also to the Customs, Trade, and Immigration departments.

He further noted that they also hold a responsibility to the Shipping Registry, the BVI Tourist Board and the Labour Department as well as the Health Department in terms of making sure that these vessels follow the existing protocols in place.

Agents, he said, play a vital role in the tourism industry and if they continue to give misinformation, their actions will be affecting the territory in a very serious way.

Smith urged the agents to follow all the rules and procedures and to call or visit the Customs Department if they have questions.

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35 Comments

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  1. easy solution says:

    revoke thier trade license , its really that easy to get rid of the bad eggs.
    Government agencies working together,now thats the challenge.

    Like 33
    Dislike 7
  2. Bumpy says:

    Why isn’t the name of this agent published? This s**t continues to happen here in the Virgin Islands. People commits sin and illegal acts, and the actions might be published but not the actors. What sense does that make? Its not looking for melee, its so we know who to do business with. When we dont know who the perpetrators are, they just continue business as usual. This is why the territory is constantly blacklisted. Too d**n secretive.

    Like 62
    Dislike 3
  3. Start with... says:

    Start with this Wade…

    The draconian rules you have come up with are completely screwed up. They are a serious disservice to the people and the economy of the BVI.

    You should be ashamed. H**l, you should be fired!

    But you could care less about that, because you wear blinkers that only allow you to see that you fed the poor, sad, impoverished treasury. That’s your sole purpose so you are proud and defiant.

    Fire this man! He’s harming the country.

    And Hon. Premier, my votes will not include any members of the VIP. Count on that.

    Like 49
    Dislike 13
  4. See In belief says:

    Identify the culprit and suspend their license,,/ permits indefinitely.
    Get serious..
    Perhaps you are making up story and this is simply another attempt to make us fools..shame…Don’t believe a ting yo saying. You have no credibility. Where is the proof that this happened.

    Like 15
    Dislike 2
  5. See In belief says:

    Identify the culprit and suspend the their license,,/ permits indefinitely.
    Get serious../huscisxacrrpeated offrnde which is bad enough.
    Perhaps you are making up story and this is simply another attempt to make us fools..shame…Don’t believe a ting yo saying. You have no credibility. Where is the proof that this happened.

    Like 2
    Dislike 1
  6. Lilly says:

    Wade is not harming the country. People want to do what they cannot do in other jurisdictions in the BVI because they have no regard for the laws. It is high time people learn that they cannot do as they please. It is long overdue for Customs to be on the waters like the coast guard in the USVI.

    Like 25
    Dislike 9
    • Wrong says:

      Wrong. Customs’ policies should NOT be to the detriment of the country’s economy. At present these policies are only damaging.

      Like 13
      Dislike 8
      • What? says:

        How are they damaging when ppl living to avoid paying money? They are literally stealing from the country!

        Yall to privileged, because it hurt yall pockets it hurts the country! All about self!

        Follow the laws and stop make excuses for those that try to short-change our VI!!!

        Like 8
        Dislike 3
        • Common sense says:

          A 200 ft plus yacht and it’s guests would drop thousand of dollars into the BVI economy, a pittance compared to what the Customs charges would be. The charter yachting industry probably does not like being subjected to government penny pinching and time wasting, so, they will just go elsewhere. The reality is Mr Smith’s actions will result in Restaurants, taxis and other local business establishments losing out on thousands of dollars of income, does that make sense.

          Like 10
          Dislike 3
          • Um says:

            Thats money they would spend anyway, anywhere they go. Of the only reason they coming here is because we will turn a blind eye when they break our laws

            WE DNT WANT THEM HERE.

            its ppl like you that turn a good thing sour. You have your home to run too when pur bad practices finally do us in. However, this is MY HOME. I have a vested interest in this place running well. And just because you got money dont mean you can come trample our laws and lie to authorities

            You dont like that? Catch the next plane out. We wont miss u.

            Like 1
            Dislike 3
  7. Fines says:

    These far fetched stories of Customs and the JTF fining yachts, agents, charter companies is all negative publicity for the BVI marine industry and campaign boasting by Customs and its blind commissioner. The reality is that these fines are just summary offenses and will be tried in Magistrate’s Court later this year. All these defendants are presumed innocent until proven guilty in Mag. court. If found guilty then the defendant pays the fine into the treasury. If innocent then no fine and Customs is assessed a costs order for the defendant’s legal expenses.

    Like 16
    Dislike 1
    • @fines says:

      All customs offenses can be settled by the commissioner of customs.

      Refer to section 126 of the customs management and duties act #6 of 2010.

      Like 4
      Dislike 2
      • Section 126 says:

        Part 9 of this 2010 law deals with legal proceedings and comprises sections 120 to 130. Section 26 does NOT allow the commissioner to settle offences. Section 126 allows the commissioner to:
        1)Compound offences, stay any court proceedings and restore seized property
        2)Provide a receipt for fines paid and discharge the defendant for all liability in respect of the offence.
        Finally the court conducting the trial may mitigate the fine to the amount it considers appropriate during the proceedings.

        Like 2
        Dislike 1
  8. simply says:

    BECAUSE HE IS A BIG ONE….only small people name does get call…Don’t forget the police top brass who was caught with____________ and the “Big Story” lady who was caught________

    Like 2
    Dislike 1
  9. whistle blower says:

    I does see a platform barge offloading and loading fuel over by the same Peter Island area all the time but I don’t see customs harassing the owner

    Like 12
    Dislike 2
  10. Same crap i was saying says:

    When a man commit a little offense and get charged $200 they plaster his name all over the news, but such big offense against government and charging them $40k and no name published. Foolishness if it good for one it good for all.Wrong is wrong it does not matter who it is.

    Like 14
  11. Over customs says:

    I am sure Customs say they are in the right and and protecting the BVI yet the way they and the shipping registry have gone after their quest for rules and income has lost the BVI money. There are many ways to bring policy and increase income but kicking everyone into line with steel toe boots does not improve it in the long run without lasting damage.
    These rules have not brought more money to BVIslanders as the Premier has been gas lighting everyone with. Those who have been earning money have been earning before all the rule changes. They just have to spend more money to stay in business. However all the other businesses that are run by BVI people that he has damaged from these decisions he is moot about.

    When are the elections?

    Like 17
    • Way over Customs says:

      When are the elections? NOT SOON ENOUGH!

      Like 7
      Dislike 1
    • Guess What? says:

      What are we talking about? @ Over Customs, are you saying that making and enforing local laws to ensure commercial boats are not declared as private gas lighting? So, you wont vote for Andrew Fahie’s Government for ensuring that people pay appropriate taxes? This is as good as a thief’s complain about the police man who caught him in the very act. By the way, any voter with this kind of mindset is dangerous and should not be welcomed

      Like 2
      Dislike 6
      • Shall Wells. says:

        They doing what they want in BVI water. No one Harass them..Selective enforcement will about to Bias and unfair execution of the law…This is so weak…From leadership down..

  12. another reason why people dont snitch says:

    because they like to keep certain things hush because of who it is…thats why i always see and blind

  13. Omissions says:

    This story has so many factual omissions that it could have been written by the esteemed. Probably all the people in the BVI marine industry know the true story but the news sites chooses to omit these details for some suspicious reasons. Why?

    It appears that the VIP government won’t allow the truth to be published here anymore here just lots of twisted lies. Bottom line is that several megayachts have been cruising in the BVI since last year as legal private yachts with a paid professional crew as required by law. During these past months the crew changes on a seasonal basis which is standard practice in the worldwide marine industry. Apparently Customs here is not aware of standard relief crew change procedures aboard ocean going vessels.

    Like 8
    Dislike 1
  14. A Slow death.. says:

    They are slowly but surely killing the Yachting industry. They need to stop Harassing the people and them…Mistake will happen..Sometimes they are having so much fun. They love the BVI so much they just forget to do certain things. Quit the harassment find a more productive partnership way…I hate it. Short term benefit , Not good for long term growth.

  15. not a good look says:

    when we are crowing about $40k fines for a technicality, when $billions are being illegally being trafficked in our waters, apparently with impunity. Almost as if the gatekeepers are being told to look the other way.

    Like 13
  16. Witness says:

    He should also talk about the customs officers who are on the pay roll of drug traffickers. They turn a blind eye after they are paid lip sums of money to let the illegal drugs in the territory.

  17. Section 126 says:

    Part 9 of this 2010 law deals with legal proceedings and comprises sections 120 to 130. Section 26 does NOT allow the commissioner to settle offences. Section 126 allows the commissioner to:
    1)Compound offences, stay any court proceedings and restore seized property
    2)Provide a receipt for fines paid and discharge the defendant for all liability in respect of the offence.
    Finally the court conducting the trial may mitigate the fine to the amount it considers appropriate during the proceedings.

  18. Wade is hiding something says:

    I guess it’s probably his friend’s agency or something like that make he don’t want to say it. Imagine it’s their second time and still a name can’t be posted. He’s probably just posting this in the news for post sake to show he’s doing something

  19. @ wade is hiding something says:

    when someone is in contravention of the customs management and duties act that person is given an option to settle the matter with customs or to go before the court.It appears like that person/agent took option #1 and settle with the commissioner of customs

  20. Freemasons says:

    Looking good grandmaster wade

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