Basing in the BVI

Small Commercial Vessel Certificate

In February 2004 the BVI passed the THE MERCHANT SHIPPING (SAFETY OF SMALL COMMERCIAL SAILING AND MOTOR VESSELS) REGULATIONS. Any vessel chartering in BVI waters, whether the yacht is BVI based or foreign-based, is expected to be compliant with the MCA Blue or Yellow Code, or the MGN280 which supersedes the former. The codes are concerned with the construction of a vessel, its machinery, equipment and stability, and the correct and safe operation of the vessel.

The “Blue Code” relates to passenger (non-cargo) sailing yachts less than 24 metres long and carrying 12 or less passengers.

The “Yellow Code” relates to passenger (non-cargo) power yachts less than 24 metres long carrying 12 or less passengers. The SCV (Small Commercial Vessels) Code for the Caribbean relates to commercial vessels which are cargo, and passenger vessels of less than 24 metres, carrying no more than 150 passengers.

The MGN280 can be found here whilst the Blue and Yellow Codes can be downloaded from this site.

If you are having your yacht surveyed and certified prior to arriving in the BVI, it is wise to check the following list of approved surveying authorities.

Additional documents required include:

• BVI Radio Station License
• Operator’s License

Licenses are obtained through Telecommunications Regulatory Commission located in Road Town.

Annual Commercial Recreational Vessel License

Once you have approval through the Trade Department, whether in the form of your own license or a management trade license, you will need to obtain a Commercial Recreational Vessels License. This license is issued through the Ministry of Finance and, currently, is due for renewal on the 1st of November each year. The cost is dependent on the size of vessel and ranges from $400 - $800. Mark the above date on your calendar. Missing payment can cost you $5,000.

Additional Licenses:

• As of November 2021, non BVI based yachts must obtain a temporary Commercial Recreational Vessel License through a yacht agent. To conduct multiple charters one must obtain a foreign CRVL which permits a maximum of 7 charters in BVI waters.
• A yacht must have a Cruising Permit for their party when on charter. It is a “per person per day” tax payable to customs. BVI Based: $4 pp/pday  and Non BVI Based: $16 pp/pday 
• If you are going to pick up National Park Mooring Buoys during the charter, you must have a National Parks Trust permit. Annual or per charter permits are available. Pricing is based on capacity and whether the yacht is locally based or foreign based.
• If fishing is offered on a yacht (whether it is with rental gear, personal gear or the yacht's gear), a registration number is required for the yacht and every person wanting to fish must have a fishing license.

The Skipper

Aside from the requirements of having to enjoy hosting people, being outgoing and possessing great élan, the standard building blocks of a great charter captain, the marine safety code requires all BVI-based skippers to hold a VISR recognized captains license with STCW certification.

The 1st Mate/Chef

The first mate/chef should also be hospitable, and very flexible. Formal culinary qualifications are certainly an asset. All crew working on a crewed yacht based in the BVI are required to have completed the STCW basic qualifications course.

Work Permits

In order to work in the BVI as crew of charter vessels (ie. allowed to do limitless charter pick ups), crew (non BVI citizens) must hold BVI work permits.  The order of things is first the Trade License, and then comes the work permits. This order only differs if one chooses to operate under the trade license of a yacht management company. Work permit applications are obtained from and returned to the Labour Department.

The process seems daunting, but it’s no different from what non-citizens go through to enter the US or the UK to work legally.  The name(s) on the trade license is the employer; therefore if you are the holder of the trade license you require a Self-Employed work permit whereas an Employee Permit is required for hired crew. Upon approval, permission is granted to enter the territory.  Immigration status is then granted and the charter vessel becomes a viable BVI-based operation.

Work permits can cost about $1000 - $1200 each and must be renewed annually. A cash bond of $1000 - $3000 (dependent on country of citizenship) per person must be posted.  The bond will be returned upon departure from the territory.Bonds are only relevant for those operating under their own trade license.

Once part of the BVI labour force, workers are required to pay into Social Security (SSB), National Health Insurance (NHI) and Inland Revenue (taxes).