The discussions, held in the BVI,  today, March 7, centred on ensuring that BVI-based boaters are not disproportionately impacted by USVI tariff structures, while also ensuring that USVI-based boaters contribute their fair share to the economies they operate in. Both leaders acknowledged their dedication to reaching a balanced solution, with Premier Hon. Wheatley reaffirming his commitment not to advance new legislation until further discussions solidify a mutually beneficial agreement.

Governor Bryan, leading a high-level delegation, highlighted the importance of collaboration, stressing that economic pressures are not unique to the Virgin Islands but are part of a global reality. “The devil is always in the details,” he said, during a press conference with Hon. Wheatley,  held after the discussions, stressing the need to refine financial calculations before finalising any decisions.

He also highlighted the necessity for fairness, stating that while many businesses profit from both territories, they must also contribute fairly to the communities sustaining them.

Premier Wheatley echoed these sentiments, recognising the challenges but reinforcing the strong relationship between the territories. “Every friendship has disagreements, but the test of true friendship is how we resolve them,” he said. While no final decisions were reached, both leaders agreed to reconvene soon, aiming to finalise a path forward before June.

The discussions also touched on broader cooperation, including increasing the greater Virgin Islands’ share of the global tourism market through joint initiatives.

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The meeting was expected to focus on the administration’s controversial tariff proposal, which would directly impact trade between the BVI and USVI. However, an opinion issued Tuesday by Senate legal counsel Sharline Rogers determined that only the U.S. president has the authority to impose tariffs, a power granted by the U.S. Constitution and delegated through the Reciprocal Trade Agreements Act of 1934.

According to a spokesperson from Government House, Governor Bryan is now exploring legal avenues to introduce the tariff while also seeking a collaborative approach to address economic concerns within the charter and yacht industries of both the USVI and BVI. The governor intends to consult with local stakeholders before taking any further action.

Senator Kenneth Gittens, vice president of the Legislature, had requested the legal review to clarify the governor’s authority on the matter. The opinion reinforced that Congress holds the sole power to regulate trade duties and that any attempt by the USVI to unilaterally impose a tariff would be legally invalid.

Richard Motta Jr., Government House communications director, stated that Governor Bryan is aware of these legal constraints but remains committed to pursuing all possible options, including making a formal request to the federal government if necessary. Before doing so, Bryan plans to meet with members of the 36th Legislature and key economic stakeholders.

“The governor is working to bring together all relevant parties to find a fair resolution that benefits the charter and yacht industries in both the USVI and BVI, as well as other economic interests between the two territories,” said Motta.

In addition to the proposed tariff, the Bryan administration has floated the idea of introducing entry and exit fees for non-Virgin Islanders traveling between the two territories. This proposal is also expected to be part of the broader discussions between the USVI and BVI governments.

The legal opinion also highlighted that while the USVI Legislature has the authority to impose customs duties on goods imported for consumption within the territory, any broader tariff measures would require federal approval.

Governor Bryan is expected to hold further discussions with both USVI lawmakers and BVI officials before making any definitive decisions. Senate President Milton Potter noted that Bryan’s recent visit to Washington, D.C., may provide additional avenues to address trade concerns between the two territories.

Despite the legal setback, Bryan’s administration remains focused on engaging with senators and the BVI government to explore mutually beneficial solutions. “As it stands today, the governor’s posture remains unchanged—nothing is off the table,” Motta said. “The first step is to have these conversations, and that remains a priority.”

The postponed meeting between Governor Bryan and the USVI Legislature has yet to be rescheduled.

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The legal opinion, delivered through the chief legal counsel of the Legislature, Amos Carty Jr., was issued in response to inquiries from Senate Vice President Kenneth Gittens. It further stated that the governor cannot independently impose fees on goods and services entering the Virgin Islands from the British Virgin Islands or other foreign countries. While the Revised Organic Act grants the Legislature authority to impose customs duties on imported goods for consumption, no such authority extends to the governor.

The opinion comes as the officers of the 36th Legislature prepare to convene an emergency meeting with Governor Albert Bryan Jr. today, Wednesday, February 26. The meeting was requested by the governor in a February 19 letter to Senate President Milton Potter, in which he urged immediate legislative action to address what he described as an “increasing imbalance in cross-border trade and travel.” Bryan proposed a tariff of at least 25% on goods imported from the British Virgin Islands and the introduction of entry and exit fees for non-Virgin Islanders traveling between the two territories.

Senate President Potter announced the emergency meeting on February 21, stating that the Office of the Governor would present briefings on trade imbalances, economic impacts, revenue projections, enforcement mechanisms, and potential effects on tourism and local businesses.

“We recognize the urgency of addressing economic challenges facing our territory,” Potter said in a statement. “The Legislature looks forward to engaging in productive discussion with the Governor’s Office while ensuring any proposed measures protect our local economy and maintain positive relations with our brothers and sisters in the BVI.”

Meanwhile, concerns have been growing within the local marine industry regarding proposed regulatory changes in the British Virgin Islands. At a town hall meeting on February 18, organised by the Virgin Islands Professional Charter Association, industry stakeholders expressed alarm over steep increases in chartering permit fees for foreign-based vessels and new restrictions on home-based vessel definitions. One attendee suggested a retaliatory response to the BVI’s protectionist measures.

Despite these concerns, the legal opinion confirms that the governor lacks the authority to unilaterally impose tariffs or fees on cross-border trade. Any action on the matter would require intervention at the federal level or legislative measures within the Virgin Islands’ constitutional framework.

Source: WTJX Virgin Islands Public Broadcasting System

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In a letter addressed to Senate President Milton Potter, Governor Bryan underscored the need to address economic imbalances, safeguard local businesses, and bolster the territory’s revenue from cross-border trade and tourism. The proposed tariffs could be set at 25% or higher, while the travel fees would apply to non-residents entering or departing from the U.S. Virgin Islands via the BVI.

“This discussion is crucial to ensuring fair trade and economic stability for the U.S. Virgin Islands,” Governor Bryan stated. “For too long, we have experienced economic leakage and inconsistencies in our trade relationship with the BVI. It is time we take decisive action to protect our local industries, generate revenue for essential services, and establish a more balanced regulatory framework.”

The proposed measures aim to address longstanding concerns about disparities in trade policies between the two territories, as well as the financial impact of cross-border commerce. Governor Bryan’s administration has pledged to provide economic data and impact assessments to inform legislative deliberations.

While supporters argue that the tariffs and fees would create a more equitable trade environment and boost government revenues, critics have raised concerns about potential disruptions to commerce and tourism. The British Virgin Islands and the U.S. Virgin Islands maintain strong economic ties, with frequent travel and trade between the neighboring territories.

Governor Bryan has urged lawmakers to convene at the earliest possible date to debate the proposals. The outcome of the discussions could have significant implications for businesses, travelers, and the broader economic relationship between the U.S. Virgin Islands and the BVI.

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“Schools should not permit the agent to enter the school building without a warrant signed by a judicial officer,” the governor stated in the directive. He emphasised that administrative warrants, which are issued by immigration authorities but not approved by a judge, do not grant access to non-public locations such as schools.

The guidance also makes clear that ICE agents cannot question students without parental consent or request immigration-related information from school staff. Disclosing such details without a judicial order or subpoena could violate students’ rights.

Bryan instructed school officials to report any ICE presence immediately. “The Commissioner of Education shall immediately notify the Attorney General of reported ICE activity,” the memorandum states.

The governor also reaffirmed that local law enforcement officers are not required to cooperate with federal immigration enforcement. “Federal ICE activity is not sanctioned or assisted by local law enforcement,” he wrote, stressing that peace officers in the territory are responsible for protecting residents and enforcing local laws, not aiding federal immigration operations.

The directive has been met with support from education officials and community advocates.

“Our job is to educate and protect children, not to act as immigration enforcers,” said a senior Department of Education official. “This guidance ensures that our schools remain safe spaces for all students.”

Immigrant rights advocates also welcomed the governor’s stance. “Families should not have to live in fear that dropping their child off at school could result in an immigration encounter,” said a spokesperson for a local advocacy group.

While ICE has not publicly commented on its operations in the territory, Bryan’s memorandum sends a strong message that the USVI government will not facilitate federal immigration enforcement in schools.

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President Carter, the 39th President of the United States, passed away recently, leaving a legacy of compassion, leadership, and unwavering dedication to humanity. Known for his humility and commitment to global peace, democracy, and human rights, Carter’s impact transcended political boundaries and continues to inspire.

“President Jimmy Carter was a statesman whose legacy of humility, courage, and boundless compassion will forever inspire us all,” Governor Bryan said in a statement. “His leadership extended beyond politics, reminding us that true service to humanity transcends personal ambition. The Virgin Islands joins the nation in honoring his remarkable life and contributions.”

The Governor’s Executive Order officially designates January 9 as a holiday for residents to reflect on and commemorate Carter’s contributions to the nation and the world. All government offices in the Virgin Islands will be closed on this day.

This observance aligns with President Biden’s National Day of Mourning, a solemn occasion to honor Carter’s decades-long devotion to public service, from his presidency (1977–1981) to his humanitarian work through the Carter Center.

Governor Bryan also announced that he will attend President Carter’s State Funeral from January 8 to January 10 at the invitation of President Biden. During his absence, Commissioner of Finance Kevin McCurdy will serve as Acting Governor, while Senate President Novelle E. Francis Jr. will take on the role of Acting Lieutenant Governor, as Lieutenant Governor Tregenza A. Roach will also be traveling.

Carter’s presidency and post-presidential work focused on championing human rights, promoting democracy, and addressing global health challenges. His efforts earned him widespread admiration and the Nobel Peace Prize in 2002.

“His life was a testament to the power of compassion and perseverance,” Governor Bryan remarked, extending condolences to the Carter family, the people of Georgia, and the nation.

The U.S. Virgin Islands joins the United States and the world in remembering President Carter, a leader whose influence will resonate for generations.

President Jimmy Carter

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The proclamation comes amidst mounting concerns over the stability of the territory’s power supply, exacerbated by global geopolitical tensions and local financial strains.

Since Russia’s invasion of Ukraine in 2022, the price of oil has been in a constant state of flux, impacting vital resources like diesel fuel and liquid propane. The ongoing conflict in the Middle East further compounds uncertainties surrounding crude oil prices. These fluctuations have placed immense strain on the Virgin Islands Water and Power Authority (WAPA), hindering its ability to meet financial obligations to critical vendors.

As a consequence of payment delays, critical vendors have begun withholding services, precipitating rotating power outages across the territory. These outages not only threaten the health, safety, and economic stability of Virgin Islanders but also jeopardize the operation of essential services, including medical facilities and social service providers.

In response to the crisis, Governor Bryan has invoked his authority under Title 23, Section 1005 of the Virgin Islands Code to declare a State of Energy Emergency, effective immediately. The declaration empowers the Director of the Virgin Islands Territorial Emergency Management Agency (VITEMA) to activate the Emergency Operation Center (EOC) on St. Croix.

Furthermore, Governor Bryan has designated Daryl D. Jaschen as the Territorial Coordinating Officer (TCO) and Jenifer O’Neal as the Incident Commander to oversee the territorial response. Their directives include safeguarding public health, safety, and economic stability, as well as activating disaster preparation, response, and recovery plans.

To expedite the procurement of essential resources, Governor Bryan has suspended the provisions of Title 31, Chapter 23, Section 236 of the Virgin Islands Code pertaining to formal advertising of competitive bids. This measure aims to streamline the acquisition of goods and services crucial to energy production.

Governor Bryan calls upon all agencies under his direction to collaborate fully with the Incident Commander and TCO, emphasising the importance of a unified response to the energy crisis.

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