As the United States Virgin Islands (USVI) Legislature prepares for an emergency meeting today to discuss Governor Albert Bryan Jr.’s proposal to impose a 25% tariff on imports from the British Virgin Islands (BVI), a legal opinion issued on Tuesday has confirmed that the governor does not have the authority to enforce such a measure.
This is according to an article published by St. Croix’s news agency WTJX Channel 12, which stated that the opinion, prepared by Assistant Legal Counsel Sharline Rogers and issued through Chief Legal Counsel Amos Carty Jr., was in response to a series of questions posed by Senate Vice President Kenneth Gittens ahead of the meeting.
According to the opinion, the power to impose tariffs lies exclusively with the U.S. Congress, which has, over time, delegated that authority to the U.S. President through legislation such as the Reciprocal Trade Agreements Act of 1934. The opinion confirms that the governor of the USVI does not have the legal power—either independently or with legislative approval—to impose tariffs on the BVI or any foreign jurisdiction.
Governor Cannot Impose Fees on Imports Either
Gittens also sought clarity on whether the governor could independently impose any fees—other than tariffs—on goods and services coming into the USVI from the BVI. The legal opinion again made it clear: the governor does not have such authority.
However, while the USVI government cannot impose tariffs, the opinion pointed out that the Legislature does have the authority to impose customs duties on articles imported for consumption within the USVI, as outlined in Section 8(f)(1) of the Revised Organic Act.
Backdrop: The BVI Marine Industry and USVI Tensions
Governor Bryan’s proposal came in response to recent amendments to BVI legislation affecting the marine industry, including drastic increases in fees for commercial recreational vessels and cruising permits. The Marine Association of the BVI has strongly opposed these amendments, arguing that they were designed to regulate USVI vessels out of BVI waters rather than improve the regulatory environment for local businesses.
The association warned that the increased fees could cripple the marine industry on both sides, as the USVI and BVI economies are deeply interconnected. The proposal to impose a 25% tariff on BVI imports was seen as a retaliatory measure by Governor Bryan, but with the legal opinion now confirming that such a move is beyond his authority, the focus of today’s emergency meeting may shift significantly.