BVI News

Undocumented workers, tampering discovered at Moorings — Smith

In addition to detaining approximately 138 vessels at the The Moorings this week, a number of “undocumented workers” have been discovered at the charter agency.

This is according to Commissioner of Her Majesty’s Customs Wade Smith who said this discovery was made while conducting compliance checks during a joint operation with the Labour Department on Wednesday, March 16.

Describing this and other discoveries made on the day as “very concerning issues”, Smith said the Labour Department is currently handling the matter. 

He also indicated that one employee at the charter agency has been tied to a more serious offence.

“Our compliance checks revealed that one of our documents was tampered with by a Moorings’ worker which carries a $20,000 penalty,” Smith stated.

Over $300K in fines and duties

In the meantime, the Customs boss also said in a statement after the operation that his department has recovered more than $300,000 in duties and fines imposed on The Moorings for lack of compliance with Customs regulations. 

He indicated that the crackdown on The Moorings was not sudden because Customs has been working with the charter company for several months prior to the operation. And in addition to attending the multiple symposia his department has hosted, Smith said The Moorings were also advised that his offices are open to assist the agency. 

“As a matter of fact, The Moorings was fined yesterday (Wednesday) and paid $110,000 for a number of vessels which were detained in the Virgin Gorda marina and boatyard without any status to be in the Virgin Islands and we will collect $140,000 for duty outstanding,” Smith said.

The Commissioner added that the basic safety equipment many vessels lack are propane detectors, high water alarms, smoke detectors, fire extinguishers, flares and life jackets. 

Other charter companies 

Smith said several other charter companies have been charged for lack of compliance as well over the past week. 

“We have fined a charter company (Captain Compass) $55,000 for chartering without licenses, cruising permits, and making false declarations to Customs officers,” the Commissioner said. 

“Dream Yachts Charters has approximately 46 vessels that are currently detained and cannot be chartered at this time for Violations of the Commercial Recreational Vessel Licensing Act 1992 and not meeting Safety Requirements for any of their vessels. As you may recall, this company was fined $95,000 in the past for having 19 vessels chartering without a commercial license,” Smith added.  

Smith noted many companies are posting messages to their owners and customers that they are fully compliant with the territory’s laws, specifically with the Virgin Islands Shipping Registry and Customs and they are available for future bookings. 

“One of the roles of the Customs Department is to ensure a level playing field for all stakeholders and it would be unfair, unethical, and immoral and an unleveled playing field to the industry if Customs are aware of violators and not enforcing the requisite legislations. If a Customs official does not uphold the law, above all that, the individual himself would be in complete violation,” the Commissioner added. 

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87 Comments

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  1. wow says:

    The Moorings took over 50 years to build and it took the VIP regime a few hours to embarrass and ridicule a company who employed hundreds…VIP and Wade got to go !!!!!

    Like 66
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  2. jumped the gun again says:

    If i was the owner of the moorings i would’ve sued the clothes off his back because the boats were on the dock at the time, they were not out on charter.

    Like 34
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  3. killing the goose that lays the golden eggs says:

    These yacht companies should relocate to the USVI and left the BVI people unemployed

    Like 41
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    • @killing the goose that lays the golden egg says:

      Oh really and whose waters are those yachts going to sail in.

      Like 9
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    • hmm says:

      The fact that it has a market here. They are welcome to, someone will come and fit right in.

      Like 2
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      • @Hmm says:

        Fit right in? Obviously, you’ve never had to apply for a trade license, get work permits, and all that fun frustrating waiting around while people you offered jobs to go work elsewhere ‘cos they got tired of waiting.

        Like 9
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    • ses says:

      It is not only the BVI one of the companies mentioned above does this at all of their locations. I have heard horror stories fake registrations, broken boats and much more

      Like 6
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    • Local says:

      @kill the goose that lay the golden egg relocate you say and leave bvi people unemployed i wonder which bvi people you referring too,the white folks and the expatriate you mean.

      Like 7
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    • dr says:

      I’m a yacht owner and we’re pulling out can’t help those sheep. BVI closed for business.

      Like 4
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    • dr says:

      I’m an owner and we’re out of there. BVI closed for business.

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  4. Rubber Duck says:

    Breathtaking hypocrisy when you look at the actions of customs over the past years along with their blatant corruption.

    Smith is personally trying to close down BVI tourism probably in revenge for the COI exposure of his incompetence.

    He must go and once the COI reports , he will.

    Like 35
    Dislike 15
  5. BVIslander says:

    After reading the article yesterday I was convinced that Customs was not acting in good faith but honestly after reading this detailed account by Mr. Smith, I have to admit that I think they did the right thing by detaining the boats until the fine was paid.

    I thought Moorings to be an upstanding company but evading customs duties by not declaring the vessels is quite sleezy. And undocumented workers is even more sleezy, not to mention TAMPERING with Customs documents, beyond sleezy

    Like 58
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    • guest says:

      i do not think a company as big as the Moorings will intentionally do the illegal/unethical activities mentioned. if they did, that would be quite dumb. we do not know the full story.

      Like 19
      Dislike 14
    • @bvi says:

      those fines are for this year license because the boats did not get certain stuff onboard as required by BVI. the were not given license because they did not meet the requirement they were asking for an extended 3 weeks more to get it all together but their request were denied thus they were hit with a fine for not having a license. they had a grace period custom still issue permits for them to do charter without the license now they are being fined for going out on those said charters. just like a vehicle if you have no license don’t drive it or a taxi but you never heard a taximan get fined for this reason if he stop driving his unlicensed vehicle. the boats still cannot go out if those fines are paid

  6. Negrito says:

    NAIL THEM WADE! Especially all those undocumented white people working there. Most of them are undesirables in their country running from the law.

    Like 16
    Dislike 35
    • I tell you. says:

      if it was as easy to kill Black people here as it is in South Africa, that white South African would be trophy hunting all now.

      Like 3
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  7. Think about it says:

    And, in other news, the govt has waived penalties for locals for non-payment of property taxes. And, while we’re at it, C&I was not able to bring a legitimate case of narcotrafficking in broad daylight to prosecution, allowing other locals (observed dumping bales into the sea by law enforcement) to go scott free.

    Perhaps the Moorings was not as compliant as one might like, but they do bring a lot of money into the Territory. Worth considering what might have driven them to engage in their alleged illicit activities. I doubt it’s the profit motive only.

    Like 32
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  8. For Real! says:

    After the explanation, this is your comment. You must be the owner.

    Like 3
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  9. Politics says:

    Um let me see. Illegal staff is highly likely because no one can get work permits yet still has money to pay so needs to earn.
    If the labour process was quick and easy there would be no illegal employees anywhere – right now I think there might be lots.
    It would be nice if Mr Wade Smith also gave the details that paperwork for many companies has been held up and made the entire process a nightmare. His dept and shipping registry are slow to process the papers required for the new requirements.
    The BVI Government needs to shoulder a large part of the blame because non-compliance happens when you make it to hard, too long and too much bullshit to comply.

    Like 46
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    • Stupes says:

      So are you saying that your work permits are not processed and that gives you the right to work? try that in places like the Cayman Islands and Bermuda and see what happens to you.

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      • Common sense says:

        No, those islands don’t have these problems because they are efficient and issue documents on time.

        Like 33
        Dislike 1
      • Jane says:

        I wish persons would go to Cayman and observe their processes for work permits, its like night and day. The staff are educated, professional and respectful, they treat applicants as customers, not criminals. The fees are much larger BUT the process takes a week or two for a new full permit.

        Like 12
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    • sailor says:

      Common, is the BVI Government making rules in your country?! Get humble and comply or go someplace else!

  10. Nonsense says:

    HM Custom needs to look at the bigger picture. So sad.

    Like 13
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  11. UKM says:

    If everything Wade Smith said in this article is true yes the Moorings should be punished but there are different ways to handle the government could have handled it. I understand that the boats in question were at the dock I don’t know if that’s hear say of if its true but what ever the case they shouldn’t have impounded the boats, the boats that needed the safety equipment customs could have given time to get the equipment we all know that these boats have been operating for over 40 years without all the reequipments the VIP and there people came up with. You did not punish the moorings they can pay those fines without a problem you punish the tourist who may have bookings and the workers of the BVI. This government is so power and money hungry they are destroying the tourist industry a industry that’s the biggest employer for these islands, if you keep this up the BVI is in big trouble.

    Like 25
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    • Norris Turnbull. says:

      For fifty years you hearing the BVI is in bug trouble. Wrong is freakin wrong regardless of how much money you have.

  12. Safety? says:

    So the USCG does not require propane gas detectors, high water bilge alarms and smoke detectors on yachts under 65 ft. so why does the BVI? Guess all those non-compliant yachts will be sailing out of St. Thomas, St. Martin and Grenada soon.

    Like 22
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    • Airports! says:

      And all with airports (already in existence, not the pie in the sky type) that can handle long hauls from U.S. airports.

  13. Wow says:

    Customs did their job. Good work wade! Rules are rules. Follow them and there wild be no need for all this. It’s that simple. Seize them all wade. This nonsense must stop. Think they can come to the BVI and do as they please…. the real embarrassment is on the Mooring. Not customs. They did their job.

    Like 8
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  14. Hello says:

    Yes the law is the law but surely the government could have handled this differently for the sake of the preservation of our already crumbling tourism industry. First of all its interesting how for years there was no enforcement and all of a sudden they coming to enforce? No difficulty with that but could they not have looked to take their enforcement measures after we came out of the hard lock downs when our borders were closed, all the boats were here, people had nothing but time on their hands to get their act together and comply and it would have been well before borders reopened. Make use of the downtime provided by covid but no, that that was probably too easy a solution for this government. They choose to come one month before the start of the 2021/22 tourist season and now in the height of the season to address the situation. They are not just hurting the non-compliant entities, they are hurting our charter visitors and who will likely not be passing back not to mention the bad press this situation has been receiving!

    Like 23
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  15. The TRUTH says:

    Good job, Customs. They can’t do this crap anywhere else. And they can take their threats and shove it.

    Like 6
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    • Hmm says:

      If the bvi had the stuff available for local purchase the companies would have already buy them and be in compliance.

      Like 10
      Dislike 1
    • Can't trust him says:

      If the Commissioner’s mouth is open, he cannot be uttering a truth.

      • Customs says:

        They know the stuff are not available for local purchase. The local businesses informed custom of this. Charter companies were just asking for two to three more weeks. But Suddenly you hear rule is rule.

  16. Steady says:

    Old people used to say don’t cut off your nose to spite your face. Law enforcement is correct and necessary. However, what would be the outcome if ALL hotel, villa and apartment owners were required to quickly refit properties with safety equipment including smoke alarms and detectors? Or to make other improvements? And guests could not occupy?

    Some would be able to comply and some would not (cost, time, technical issues etc.)

    This is about more than the Moorings and whatever other challenges they present. Deal with the Moorings but consider and plan the fallout before you take action. Or else we have robots not leaders. Our economy needs leaders.

    Like 17
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  17. but why.. says:

    but why wait till things get so out of hand.. same nonsense with and social security and NHI.. people aint paying for years.. then after years they hoping people have a lump sum to pay.. smh some they dont even follow up on..

  18. Wow says:

    I know someone who pay a few 100 to get is boat clear. Money fix everything

  19. No tips $$ this weekend says:

    The alleged undocumented staff was not hired by the Moorings they are hired by contractors who moorings outsource position that they are unable to fill to. So do go saying moorings had undocumented workers. Big spring break and look what you all did crippled tourism in its peak. Over 800 guest was scheduled to be at the moorings this weekend spring breakers that would have spent thousands of dollars in our local economy, now only 60 will come. Look at the domino effect. Taxi lose business supermarket lose workers lose the whole country lose. I do believe these big company has lose of income insurance so I don’t think you spite them you spite you own local people and businesses

    Like 23
  20. Look here says:

    So the customs used to issue permits fully aware that the boats does not have a commercial license now the turn back and fined the cpmpanies for sending out the boats on charter. just wow

  21. listen says:

    not only the moorings have undocumented workers working for private contractors. check l**g b*y hotel most of the staff that working there are undocumented. facts.it seems that businesses and workers find a way to beat every system that the government have in place .the employers know what they are doing and continue to do it because they are getting away with it. checks and balances must be in place .I don’t think that there is any other island that you can break the laws so blatantly. no where else.

    • Capitan says:

      We will not be supporting the BVI any more as tourists, corruption, crime, and unwelcoming officials have made it tough to spend our hard earned vacation money in Tortola anymore. See y’all in the Grenadines

      Like 2
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  22. Unsafe? says:

    My company has chartered yachts from the Moorings for the last 30+ years in the BVI and their other bases around the globe. The sailing in the BVI is fairly easy but their fees are much higher than in all the countries with Mooring bases. Nevertheless we paid these BVI taxes, fees, cruising permits, etc. and now we read that their BVI based yachts are not safe!! This is unbelievable after all the money we gave the BVI government during our charters in this century and the last. It now seems that these fees, taxes, permits, etc. amount to theft from innocent visitors. Due to the BVI governments incompetence we hold them liable for at least $50,000 plus damages. Our lawyers shall be contacting the BVI Governor to arrange prompt compensation for the theft of our money.

    Like 8
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    • Sure thing says:

      Okay, go right ahead. I’m sure your lawyers love representing a fool. Read your post again. Yup, you are an idiot.

      Like 6
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      • Point on says:

        Customs used to issue permit for that very boat. The boat was safe many year with the same equipment but mow its not lol.

        Like 4
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        • Anonymous says:

          Laws change jerk face. Just because something was acceptable last year doesn’t mean it is today.

          • hmm says:

            jerk face you said well the said rules was there all the time pretty face. I guess no one can smell if their gas is leaking or know if their boat is sinking lol.

  23. Untruths says:

    Sorry, it’s gotten to the point where nothing that the Commissioner says can be relied upon to be true.

    Like 10
  24. KLM says:

    No one is saying that if the moorings or any other charter company who breaks the law shouldn’t have to answer for it, what most of us are saying it should have been handled in a different manner. The government spends a lot of money advertising the BVI only to turn around and do something stupid like this and they don’t have the brains to know that it hurts the people of the BVI more than anyone else. The tourist industry is a very fragile business and how they handled it was totally wrong. With the internet today news like gets around the world in 10 minutes or less after it happens. People use to love the BVI and they still love the people of the BVI but when government does something like this we are going to lose a lot of those people because people don’t like going places where they are not welcome. The old people always say everything that happens happen for the best. We have the lovely Minister for Overseas Territories, Rt Hon Amanda Milling in the BVI while this is going on this alone along with what she already knows will show her what kind of government we have and save us from it.

    Like 13
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  25. Wade ur big mistake.. says:

    You need to go home wade. Ur a big fn mistake. Weak as bubble gum…U just doing a heap of nonsense. Unless ur mission is to bring the Govt down…

    Like 5
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  26. Jah says:

    Any agency looking into Smith tax for those buildings next to the marina and in round about and long Bush.. how was it be finance.COI soon deh

  27. local business says:

    What seems to have been completely forgotten is the way that the charter industry pretty much saved our ***es after Irma by re-investing hundreds of millions of dollars, providing much-needed employment and high-end tourism while the government and other industries were twiddling their thumbs. This is a shabby payback, by levying fines on a technicality, having moved the goalposts. Just listen to all of you prating about The Law.
    And by the way, when did Customs inspect for safety equipment on board?

    Like 15
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  28. vi says:

    that man is full of crap, no more money and drugs coming on the ports anymore so he looking money other places, keep on poking the bear one day you will see the out come,

  29. No judgment says:

    I wonder if an accident was happen to a visiting tourist on these unsafe vessels and the injured parties started spreading negative comments about how unsafe the yatching industry is in the BVI. The first thing person will be blaming the same customs and the Government for allowing this industry to do what they want. But no people on here criticizing customs for simply make these companies do the right thing for the safety of not just tourists but locals as some of these same boats we all go sailing on from time to time. We need to look at the bigger picture. I wait to read all the negative comments. Go.

    • Idiot says:

      We should sit back and continue to allow these big companies to disrespect the laws of the BVI. Infact while we’re at it lets just ask the trust companies to disregard whatever laws put in place by the Government. After all they are contributing heavily to the economy so let them do what they want

      Like 1
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  30. Guy Hill says:

    Wrong can not be right regardless of who, what company or entity is in violation….what part of illegal do these people do not understand?

    Like 1
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  31. Here Here says:

    The shipping registry nade it clear on the criteas of persons with vessels should adhere to.
    The Moorings should be the company with a gold standard in safety and obedience to regulations of maritime laws.
    Had they done what they should be doing.
    They would not be paying penalties.
    Mr. Smith and the custom team “brao” job well done.
    There will always have negativity with ignorant people when you try to do what is right.

  32. Customs says:

    Customs died immigration work now? What does undocumented workers have to do with Wade Smith and Customs? At COI Ian couldn’t even answer half the questions and kept referring to Customs. They all sit back and let Wade do what he want
    I blame Doctor Smith for not belling this cat.

    All these boats are seaworthy even if their charter hours are finished by law. The law is old and antiquated. It is not a safety issue. All of these boats have the safety equipment required on them. They are being pulled for safety certificates that come after inspection. The absence of them getting the inspection done didn’t mean the vessel is automatically physically unsafe. Why wait till now when the tourist season is pushing to do this? Why not do this exercise in September of October? After 2 years of killing the economy with dumb protocols, we finally getting done revenue, and now this negative action and publicity against our biggest contributor to the economy? Yachting receipts pay Wade salary! I hope he learns that.

  33. JKC says:

    Can someone please post an updated clear picture as to what the situation is relative to Moorings Charters scheduled to leave in the next week or so? One post said they are now 100% compliant and others seem to indicate they are not.

  34. Rex FeRaL says:

    @customs . You are talking through the side of your dam neck. Shut up n go siddung

    Like 1
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  35. Striker says:

    Moorings has always been an upstanding company.
    Huge employer in BVIs and huge investor. Something is not right here. Always two sides to a story and sometimes three. Hold off on harsh judgement until the Moorings can tell its side of story. What is true here is tourism suffers and thus the citizens of Tortola.

  36. Boat Charter Worker says:

    The BVI Customs department is wreaking havoc with the BVI economy, the BVI needs to replace this government and it’s department heads with people that are pro business, leaders that are of the people for the people….

  37. Waters World says:

    It’s a shame this happened and I blame both the Moorings and the BVI govt. After 10 years of Moorings ownership and travels to most of their bases, they are a mismanaged in the BVI and I don’t blame the local staff either, it’s their management. The bases are cutting corners at all locations and seems to be the normal mode of operation! I feel sorry for the workers in the BVI’s. For years the BVI base has been miss managed from filing documents to little things like fuel contamination, broken equipment, empty propane tanks and the worst dingy fleet of all their bases.
    If the Moorings (BVI) is going to survive, they need to reduce the fleet, provide great service at check in, Clean yachts and nice dingy’s.
    I could go on, the Marine Max base at Nanny Cay is a way better experience overall. I’ve personally used their facilities twice now and the Aquila Yachts are kept spotless and shipshape.
    And to my knowledge there was no mention of them in this situation. I attribute that to their staff at Nanny Cay…. Moorings operations needs a Major overhaul from management to equipment!

    • sailor says:

      Let us say just this: The Moorings is not difficult to replace, just allow smaller charter companies to come to BVI. They will comply with all making sense and welcome rules for small businesses, and they will be happy to operate in BVI. No corruption, no law disobeying, no disrespect to BVI. Also, they will be competitive on prices, which is good for the tourists, BVI, and small business owners!

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