The Government of the Virgin Islands is making significant strides through the Maritime Law Review Project in modernising its maritime legislation to enhance safety, environmental protection, and enforcement capabilities.
Premier and Minister responsible for Maritime Administration and Shipping, Honourable Dr. Natalio Wheatley, stated, "The Virgin Islands is committed to upholding the highest standards in maritime safety, security, and environmental protection. These legislative reforms will not only ensure our compliance with international obligations but also reinforce our ability to effectively regulate, enforce, and support the global maritime industry. Strengthening our legal framework demonstrates our commitment to responsible flag state administration and enhances our position as a premier maritime jurisdiction."
When the House of Assembly resumes on Monday, 31st March, 2025, the Merchant Shipping (Amendment) Bill, 2025 is expected to have its second reading and be debated.
As part of its ongoing legislative reform, the Government is prioritising amendments to the Merchant Shipping Act, 2001, and related regulations to align with international maritime standards, particularly the International Maritime Organization’s (IMO) III Code.
The proposed amendments to the Merchant Shipping Act serve four primary purposes:
1. Addressing Legislative Gaps Identified in the III Code Audit
These amendments seek to clarify and update the enactment of mandatory international conventions into national law. In particular, this Bill facilitates the enactment of new Merchant Shipping (Safety of Life at Sea) Regulations, replacing an existing patchwork of adopted UK regulations implementing the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended. This will ensure Virgin Islands’ legislation effectively implements current IMO safety standards.
2. Enhancing Maritime Enforcement
The amendments explicitly grant the RVIPF jurisdiction to investigate offences under the Act, as well as investigatory powers for all criminal offences on Virgin Islands flagged ships in circumstances where the courts of the Virgin Islands have prosecutorial authority. This will ensure that maritime crimes can be effectively investigated and prosecuted.
3. Expanding Ship Ownership Eligibility: The Bill will increase the registry’s global competitiveness expanding the list of eligible ship owners in line with recent UK amendments, enabling persons and companies from Commonwealth nations to register VI ships. In addition, the amendment reinstates countries previously able to register by reference to the Recognised Jurisdictions list which was repealed in 2022.
4. Modernising Maritime Administration
The Bill will remove the requirement to consult the UK Secretary of State before enacting local maritime regulations, streamlining the legislative process for more efficient administration.
The amendments will enhance the Government’s ability to oversee and regulate activities involving Virgin Islands-registered ships internationally, ensure the effective transposition future amendments to IMO conventions efficiently and formalize the responsibilities of relevant local authorities in maritime safety, enforcement, and environmental protection.
Additional Changes
In addition to the changes in the Bill, further priority legislative actions will include publication of adopted legislation, and enactment of new and amended Regulations clarifying and updating the Virgin Islands implementation of:
• International Convention on Load Lines (LL), 1966, and Protocol of 1988;
• International Convention on Tonnage Measurement of Ships 1969;
• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) as amended, including the 1995 and 2010 Manila Amendments;
• International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997 (MARPOL); and
• Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972