vipcaChartering in the BVI

Charter Companies Guide - click here to download PDF

List of MCA Verifying Authorities for Recongized inspectors of the USCG

FROM: HM Customs Department Richard Stoutt Building, Wickham’s Cay 1 Road Town, Tortola, British Virgin Islands Tel: 1-284-468-6800 Email: bvicustoms@gov.vg

Guidelines for Foreign Charter Vessels/Company

CATEGORIES OF VESSELS

 PRIVATE VESSELS:

Any vessel owned by a person for personal use (noncommercial recreational vessel).

Requirements

1. Owned by residence:

a. Import duty in accordance to Customs Management and Duties Act

i. HMC- 12

2. Owned by non-resident (vessel remaining in territory for more than 30 days)

a. Temporary Import

i. Purpose for stay (letter to Commissioner)

ii. Vessel Arrival Details ( Marine control document/ t-12) (NEW)

iii. Expired Licence (RENEWAL)

iv. Vessel Registration

v. Notarized Agreement Between Owner and BVI Agent/Resident held responsible

vi. Vessel Insurance (salvage)

vii. Proof of location of Vessel (If applicable)

 COMMERCIAL RECREATIONAL VESSEL:

Any vessel offered for hire, for payment or for reward, with or without crew, for the conveyance of passengers for a particular period of time.

Commercial Recreational Vessels (Charter Vessels) Requirements

WHY APPLY FOR APPROVAL TO CHARTER?

It is required by the Virgin Islands Laws and Regulations.

 Virgin Islands Shipping Registry

 Business, Professions and Trade Licence Act (CAP 200)

 Commercial Recreational Vessel Licencing act No.8 of 1992

 Immigration and Labour Laws and Regulations

 VI SHIPPING REGISTRY

Safety regulation and Certificates

 BUSINESS, PROFESSIONS AND TRADE LICENCE ACT (CAP 200) STATES

No Person shall engage in a business, profession or trade as set out in the First Schedule, or otherwise, without first having obtained a licence for that Purpose

 COMMERCIAL RECREATIONAL VESSEL LICENCING ACT, NO. 8 OF 1992

1. No person shall offer for hire, for payment or for reward, any unlicenced commercial recreational vessel for use in the territorial waters without first obtaining a licence.

2. A licence granted under this Act is not transferable.

3. No Vessels, other than a home based vessel, shall be permitted to make more than seven (7) charter pickups which originates within the Territory within any period of twelve months.

Appling for Approval to Charter in the VI.

1. APPLICATION PROCESS FOR APPROVAL (TEMPORARY TRADELICENCE and COMMERCIAL RECREATIONAL VESSEL LICENCE)

In person submissions

 Complete applications

o Charter Yacht Operation/Temporary Trade Licence for Company/individual (Dept. of Trade, Investment Promotion & Consumer Affairs) can http://bvi.gov.vg/content/trade-license

 Granted for UP TO 3 months

 Not renewable. Will have to reapply for a new Temporary Licence.

o Complete Commercial Recreational Licence application per Vessel http://bvi.gov.vg/content/commercial-recreational-licensing

 Attach supporting Documents

Individual(s) Non-Belonger

a) Passport Size Photo (2” X 2”)

b) Financial Statement

c) Police Record

d) Copy of Passport (Picture Page)

e) Qualifications (Certificates & Résumé)

f) Charter Operational Plan*

Companies (FOREIGN)

a) Incorporation Information (Register of Members/ Directors, Certificate of Incorporation)

b) Good Standing Certificate

c) Charter Operational Plan*

*NOTE: CHARTER OPERATIONAL PLAN*

Perspective Charter Information

a. List dates of tentative charters

b. Itinerary of charter in the Virgin (advertised charters)

List of vessels in fleet

a) Copy Certificate of registration

b) Commercial Vessel Certificates (VISR recognized)

c) Vessel Insurance

List of Crew

d) Attach copy of Captain’s Licence for captain (VISR recognized)

e) Valid STCW for all crew (VISR Recognized)

f) Passport bio-Page for all Crew

 In person submission (Temp. Trade license application and Commercial Recreational Licence) to HM CUSTOMS HEADQUARTERS, Richard Stoutt Building, Road Town Tortola BVI. (284 494 6800)

o Make appointment

o If an agent is submitting on companies behalf please have letter/agreement authorizing them to do so.

 Local agents with valid trade Licence.

2. LABOUR REQUIREMENTS FOR TEMPORARY WORK PERMITS

 Complete application Form And Submit

 Cover letter, explaining the need for the employee. The arrival and departure date of the employee should also be stated.

 Copy of the applicant’s signature page of passport.

 Valid trade license

 Police Record (Immigration) / Notarized Affidavit from director or person responsible to hire captain and crew (include background check)

 Two (2) passport size photographs of the applicant.

 Job Description outlining the full duties of the position (Required for Temporary work permits over one (1) month).

 Qualifications of applicant