Virgin Islands Moves to Strengthen Maritime Law with Legislative Overhaul

The Government of the Virgin Islands is taking major steps to modernize its maritime legislation through the Maritime Law Review Project, aiming to enhance safety, environmental protection, and enforcement capabilities.

Premier and Minister responsible for Maritime Administration and Shipping, Honourable Dr. Natalio Wheatley, emphasised the importance of these reforms. “The Virgin Islands is committed to upholding the highest standards in maritime safety, security, and environmental protection,” he said. “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.”

A key component of the reform effort, the Merchant Shipping (Amendment) Bill, 2025, is scheduled for its second reading and debate when the House of Assembly resumes on March 31. The bill introduces crucial amendments to the Merchant Shipping Act, 2001, and related regulations, aligning the territory’s laws with international maritime standards, particularly the International Maritime Organisation’s (IMO) III Code.

The proposed changes focus on four primary areas. The amendments address deficiencies identified in the IMO’s III Code audit by ensuring the enactment of mandatory international conventions into national law. The bill will also introduce new Merchant Shipping (Safety of Life at Sea) Regulations, replacing outdated UK regulations that currently implement the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended. This update is intended to bring the Virgin Islands’ maritime legislation in line with the latest IMO safety standards.

The amendments will explicitly grant the Royal Virgin Islands Police Force (RVIPF) jurisdiction to investigate offences under the Merchant Shipping Act. This includes investigatory powers for all criminal offences occurring on Virgin Islands-flagged ships where local courts have prosecutorial authority. Strengthening these provisions will allow for more effective investigation and prosecution of maritime crimes.

The bill aims to enhance the competitiveness of the Virgin Islands ship registry by expanding the list of eligible ship owners. Recent amendments in the UK have broadened ownership eligibility, and the Virgin Islands intends to follow suit by allowing persons and companies from Commonwealth nations to register VI-flagged ships. Additionally, the bill will reinstate countries that were previously eligible under the Recognized Jurisdictions list, which was repealed in 2022.

The bill proposes removing the requirement for the Virgin Islands to consult the UK Secretary of State before enacting local maritime regulations, streamlining the legislative process and improving administrative efficiency.

Beyond the Merchant Shipping (Amendment) Bill, the Government plans further legislative initiatives, including publishing adopted legislation and enacting new and updated regulations to clarify and modernize the Virgin Islands’ implementation of key international maritime conventions. These include the International Convention on Load Lines (LL), 1966, and the 1988 Protocol, the International Convention on Tonnage Measurement of Ships, 1969, and the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW), including the 1995 and 2010 Manila Amendments. Other key updates will address the International Convention for the Prevention of Pollution from Ships (MARPOL), covering amendments from 1978 and 1997, and the Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972.

These reforms are expected to strengthen the Virgin Islands’ maritime sector, ensuring the territory remains a responsible and competitive flag state in the global industry.