ST. CROIX — A meeting between the governor and senators that was scheduled to take place today to discuss the administration’s proposed tariff of 25% or more on goods imported into the territory from the British Virgin Islands was subsequently postponed after the Senate’s legal counsel issued an opinion Tuesday revealing the government does not have the authority to impose any such tariff.
Governor Albert Bryan Jr. is considering the legal options to impose a tariff on the BVI as part of an effort that he will begin by talking with local stakeholders to explore a fair resolution for the boat charter and yacht industries of both the Virgin Islands and British Virgin Islands, according to the Government House spokesperson.
Senator Kenneth Gittens, Senate vice president, requested a legal opinion in response to four questions he posed, including whether the governor can set a tariff.
The legal opinion, issued by attorney Sharline Rogers, the Legislature’s assistant legal counsel, clarified that the U.S. Constitution gave Congress the power to impose tariffs. It further noted that Congress delegated that power to the U.S. president, beginning with the Reciprocal Trade Agreements Act of 1934.
READ MORE: “Senate legal counsel: Only the U.S. president can impose tariffs; Legislature and governor to meet”
Richard Motta Jr., Government House communications director, said the governor understands the law governing the imposition of tariffs. He said Bryan is prepared, if necessary, to make a request for his proposed tariff to President Donald Trump’s administration through established channels in Washington, D.C. He said, however, Bryan intends to meet with members of the 36th Legislature prior to taking that step.
“The governor proceeded to try to assemble meetings with all of the local stakeholders to see what we could work on collectively to be able to come to a fair resolution for both the USVI-based charter/yacht industry, the BVI-based charter/yacht industry, and some of our other economic interests, both between the U.S. Virgin Islands and the British Virgin Islands,” Motta said.
The Bryan administration has also proposed to introduce entry and exit fees for non-Virgin Islanders traveling between the Virgin Islands and British Virgin Islands.
Additionally, the Legislature’s legal counsel indicated in the legal opinion that the Revised Organic Act bestows upon the Legislature the authority to impose a custom duty on any article imported into the Virgin Islands for consumption.
Bryan intends to meet with government officials in the territory and BVI to discuss all potential measures before making any decisions, Motta said.
Based on the governor’s recent visit to Washington, D.C., he has some additional options, according to Senate President Milton Potter.
Motta said the governor wants to start the conversation with senators to discuss all the options before reaching out to the BVI government to find a mutually beneficial resolution.
“As it stands today, the governor’s posture remains,” he said. “Nothing is off the table. But what the governor wants to do first is have that conversation. And so that part, the governor felt was important and should be a first step and is absolutely necessary. And so, we’re still pursuing that.”
Potter confirmed with WTJX that the meeting between senators and the governor that was originally scheduled for today was being rescheduled, but a new date has not yet been determined.
