UK Government Names Conditions for Providing Financial Support to BVI

The UK government has reiterated the conditions under which it is going to provide economic support to its Overseas Territories, including the British Virgin Islands. In the 2020 communique, which was published at the Joint Ministerial Council meeting for OTs, the UK government said it expects Territories to be financially independent as much as possible, as it will only offer financial aid in exceptional circumstances.

The UK government said that while OTs as small and open-island economies vulnerable to external threats, governments must manage public funds to make the economy resilient in times of disasters. It is stated in the communique: “In times of crisis, the UK stands ready to support the Overseas Territories, as happened following the hurricanes in 2017 and during the COVID-19 crisis. As a first step, the UK will look to the Overseas Territories to make full use of their financial resources to address their needs and will consider further requests for financial support on a case-by-case basis.”

The UK government also promised to help OTS increase their economic resilience through technical support and encouraging financial management, and to consult the Overseas Territories on a support programme for next financial year.

The UK pressured the OECD to give the British Virgin Islands loans which it didn’t originally qualify for, by staying as a guarantor for them. However, the BVI government was asked to set up the Recovery Development Agency (RDA) to ensure transparent managing of these funds.

BVI Highly Ranked in Vistra Report

In this year’s Vistra 2030 report, which is released every two years by the global corporate services company, the British Virgin Islands ranked highest among offshore financial centres, although it declined when compared to onshore jurisdictions, and achieved a rating of 2.94, down from 3.3 in the previous report in 2018.

The report is based on 620 interviews with industry experts, where they rated the importance of each jurisdiction. This year, forty-three percent of respondents expected offshore centres like the British Virgin Islands to continue declining as a result of reduction in demand for offshore financial services. The jurisdiction lost 1.1 points in this rating, since it was first ranked 10 years ago. 

However, it is noted by Vistra that the BVI has proven to be very resilient: “In the current climate, the BVI’s role as a neutral intermediary cannot be overstated. Clients can swiftly set up new BVI structures that are globally recognised and accepted for international business.. Many such clients are from emerging markets, and it can be helpful for them to use intermediary structures, particularly at a time of international tension.” According to the report, 75 per cent of HK’s Hang Seng Index consists of companies directly linked to the BVI.

The report states that “Jurisdictions such as BVI, Cayman, the Channel Islands and Bermuda will still be thriving 10 years from now.”

BVI Re-elected for the Caribbean Development & Cooperation Committee

For the third consecutive two-year term, the British Virgin Islands has been re-elected on the Caribbean Development & Cooperation Committee (CDCC), which is a subsidiary body of the United Nations Economic Commission for Latin America and the Caribbean (ECLAC).

The BVI Premier Andrew Fahie will serve as a Vice-Chair on the board. He commented on this achievement, saying: “I am humbled by our region’s confidence in me, and the BVI as an Associate Member Country of ECLAC, to serve as a Vice-Chair of CDCC during these very challenging times in which we as SIDS (Small Islands Developing States) are all combatting COVID-19, facing an active hurricane season and under intense economic pressure.”

The Premier will also co-chair a proposed Summit of the Associate Members of ECLAC in 2021, where he will discuss the challenges faced by Associate Members, their progress and needed support, to implement the UN 2030 Sustainable Development Agenda that has been impacted by COVID-19 and other developments.

In addition to the BVI, Cuba and Dominica were also elected to serve as Vice-Chairs on the Caribbean Development and Cooperation Committee.

BVI FSC Issued Q3 2019 Statistical Bulletin

The British Virgin Islands Financial Services Commission has published the fifty-fifth volume of Quarterly Statistical Bulletin, where provided important information on different sectors of the financial services industry on the Territory for the third quarter of 2019.

According to the statistics on the Registry of Corporate Affairs, there were 6,975 new incorporations in the reported period, which is an increase of 9.58% as compared to 6,365 Business Companies registered in Q2 2019 and a decrease of 27.15% as compared to 9,575 new BC’s in Q3 2018. As at September 30, 2019, total cumulative number of Business Companies in the British Virgin Islands was 402,234. 

In the three months ended September 30, 2019, 48 new Limited Partnerships were formed, which is a 29.73% increase as compared to the second quarter when 37 LP’s were incorporated, and a 57.89% decrease compared to 114 new Limited Partnerships registered in the third quarter of 2018. Cumulatively there were 927 Active Limited Partnerships in BVI as at 30 September 2019.

As to the information by the Intellectual Property Unit within the Registry of Corporate Affairs, total number of new applications to register a Trademark for Q3 2019 increased to 89, from 75 in Q2 2019. In Q3 2018, there were 69 applications. For the total year 2018, 225 Trademark applications were filed, compared to 221 application for the first three quarters of 2019. Also, in Q3 2019 two patents were re-registered in the Office of Trade Marks, Patents and Copyright (0 in Q2 2019, 4 in Q3 2018). 

The Quarterly Statistical Bulletin of the BVI FSC also includes information from Banking, Insolvency and Fiduciary Services, including Balance sheet for all commercial banks, which showed the small reduction of the banking sector’s total asset size, which is approximately $2.34 billion this quarter (4% less than in Q2 2019). Further statistics covers the Financial and Money Services, Fiduciary Services, Insolvency Services, Investment Business and Insurance departments, as well as Enforcement, Ongoing Supervision and International Co-operation matters.

BVI Premier Announces Revenue from Financial Services to Drop off

When addressing the House of Assembly during the budget debate, BVI Premier and Minister for Finance Andrew Fahie has said the British Virgin Islands’ revenues from the financial services sector dropped off by roughly US$30 million. He also said he had to put several projects on hold, including those in the health services, because he knew that this drop off would happen.

Meanwhile, the financial services sector was expected to see boom this year, which could be the result of the EU insisting that the territory implement the Economic Substance (Companies and Limited Partnerships) Act which makes it mandatory for offshore financial services companies to be physically present in the BVI territory. This Act was passed to remove the BVI from the EU blacklist on non-compliant jurisdictions. By words of the Director of International Business Neil Smith, due to opening physical offices the number of companies in the jurisdiction would have been reduced, but the number of persons involved in the industry was likely to triple.

2020 Budget Passed by the House of Assembly

Last week, the House of Assembly successfully passed the budget for the year 2020 with amendments. According to BVI Premier and Finance Minister, Hon. Andrew Fahie, this was the first time in many years when the budget was approved from the first time. He stated, however, that there are some challenges ahead for the BVI.

In his budget speech last month, Hon. Fahie announced a projected revenue of US$414 million, while the recurrent expenditure is set to be US$327 million. Capital expenditure is expected to be US$65 million, with US$6 million to be contributed to the funds. Also, US$14 million are planned to be used by the BVI Government for principle repayment on debt. 

The Premier also mentioned the two major economic pillars of the jurisdiction, financial services and tourism, and the challenges that should be met in these sectors. No new taxes were announced for 2020.

BVI Invest Agency to be Created in the British Virgin Islands

Junior Minister for Trade and Economic Development announced the launch of an investment promotions agency, which will work to attract foreign investment to the BVI territory. The agency called BVI Invest will be included in the Caribbean Association of Investment Promotion Agencies (CAIPA), a network of similar governmental departments across the region.

The establishment of the new agency was announced during a 5-day course held in the British Virgin Islands to train regional governments on methodologies for investment project formulation and appraisal, technical assistance, networking and making use of investment practices. The course was held in co-operation with CAIPA and the United Nations Industrial Development Organisation, and is focused on international accepted methodologies. 

Also, Minister was talking about the BVI efforts to diversify and digitise its economy and the need for investment in human resources. She said that the software would help the BVI to compute financial statements needed to appraise investment projects and their possible economic benefit to the BVI territory.

Final Economic Substance Requirements Issued by BVI International Tax Authority

The BVI International Tax Authority has finalized the regime of new economic substance rules. The new rules, effective from the beginning of 2019, are included in the Economic Substance (Companies and Limited Partnership) Act, 2018.

According to the new requirements, which are effective in the large part of the European Union, and which have been supported by OECD BEPS Inclusive Framework members, the companies tax resident in a low or no tax jurisdiction and engaged in key activities identified by the EU, in order to access the tax regimes of the territory are obliged to meet minimum substance requirements as part of their annual tax return. 

In some business sectors, activities generating income must be primarily conducted with qualified employees and operating expenditure in the jurisdiction. Among the main activities identified by the European Commission Code of Conduct Group there are banking, insurance, financing and leasing, fund management, shipping, intellectual property, and holding companies whose income is generated from any of the above activities.

For each of the core activities standards vary to reflect the different needs of the companies involved, and are to ensure that there are sufficient activities undertaken in the relevant jurisdiction to reflect the amount of profits accounted there. The substance requirements will include being able to demonstrate that the company is directed and managed from the relevant jurisdiction, has physical office and sufficient level of employees and annual expenditure.

Cabinet Approved Establishment of Borrowing Committee

The BVI Cabinet approved the establishment of Borrowing Committee consisting of eight members and chaired by the Financial Secretary, to secure all funding under the UK Loan Guarantee on behalf of the government. In the last Cabinet post-meeting statement it was said: “The Borrowing Committee will be the sole entity authorised by the Cabinet of the Virgin Islands in collaboration with the Ministry of Finance to source and negotiate loans under the ‘Guarantee’, pursuant to the implementation of the revised Recovery to Development Plan.”

The newly established Committee will review the terms and conditions of loans offered by lending institutions to government, and the borrowing presented by the Minister of Finance Andrew Fahie. The panel will recommend to the Finance Minister all amendments to the loans offered under the Guarantee as well as other borrowings falling under specified stipulations; they will also recommend the most appropriate loans to the Cabinet. 

The Borrowing Committee will be mainly guided by the Virgin Islands Public Finance Management Act and is expected to include the Financial Secretary as Chairman, Permanent Secretary in the Premier’s Office, the Attorney General, a nominee by the Opposition Leader, a nominee representing the Business Community, an External Regional Leader, a representative from the BVI Banking Association and a Secretary from the Premier’s Office.

New Volume of Statistical Bulletin Published by the Commission

The BVI Financial Services Commission has issued the fifty-fourth volume of its Statistical Quarterly Bulletin, providing information about the financial services activities in the jurisdiction in the first quarter of 2019.

According to the Registry of Corporate Affairs, 7,214 new companies were incorporated in BVI in the first quarter of the year, which is 19.09% decrease compared to 8,916 in the fourth quarter of 2018 and 26.37% decrease compared to 9,798 in the first quarter of 2018. Total cumulative number of registered BCs as at 31 March 2019 was 408,838. Also, in the first quarter of 2019 there were 12 new Private Trust Companies, 1 Segregated Portfolio Company, 1 Foreign Company registered, along with 80 continuations. 

There were 56 new Limited Partnerships (LPs) formed in Q1 2019, which is a 80.65% increase when compared to 31 formed Q1 2018, and a 51.35% increase in the number of LPs formed in Q1 2019 when compared to 37 LPs formed in Q4 2018. Total cumulative number of active Limited Partnerships was 977 as at 31st March 2019.

In the first quarter of 2019, there were 57 new applications to register new Trade Mark, which is an increase by 21.28% when compared to Q1 2018, and a decrease by 1.72% when compared to Q4 2018. According to Banking, Insolvency and Fiduciary Services statistics, there were 6 new General Banking Licences and 1 Restricted Class 1 Banking Licence issued in the first quarter of 2019. The banking sector’s total asset size in this quarter at approximately US$2.43 billion is comparable to Q4 2018’s performance of US$2.37 billion. 

International Cooperation statistics records the number of incoming and outgoing requests for information, classified as formal or informal. In the first quarter of 2019, there were 15 formal and 5 informal incoming and no outgoing requests. Further information and statistics is available at the website of the Financial Services Commission.

New Media Release on Financial Services Business Issued by BVI Finance

BVI Finance has reported the considerable increase in the quantity and quality of business in the financial services sector of the territory in 2018. Besides the highest level of overall new incorporations in three years, there was an increase in the number of higher-end limited partnerships; BVI keeps its leading position in mergers and acquisitions, public listings, and innovative areas such as Initial Coin Offerings.

Chief Executive Officer of BVI Finance Elise Donovan stated in the media release: “More than 400,000 organisations recognise that our strong legal system, business-friendly laws and world-class corporate services sector means we are an indispensable hub for global trade… We are delighted to see that 2018 was a strong year for incorporations as more businesses and individuals chose to take advantage of the strategic and administrative benefits that our global financial centre offers. The noted increase in the quality business happening on-island is a reflection of the type of businesses and professionals making the BVI stronger.”

The release mentioned recent activity of the BVI-based law firms which added to the strength of territory’s financial sector: law firm Ogier provided a counsel on a US$350mln biopharmaceutical merger, Appleby acted as advisers on a private token sale, raising about US$1bln, and earlier in 2018 Harneys represented an Information Technology services provider on a US$2bln merger acquisition. The last transaction is a new BVI record for the largest takeover of a publicly-listed BVI company by transaction value.

BVI Urged UK Government to Back Modern Partnership with OTs

At the recent meeting at the House of Commons with Andrew Rosindell, MP, chairman of the the Overseas Territories All Party Parliamentary Group in the UK government, the special representative of the British Virgin Islands urged to support the renewal of partnership with Overseas Territories including BVI.

Benito Wheatley welcomed the position of the UK government stated by the Foreign and Commonwealth Office not to force the OTs to adopt the UK decisions on the Territories in areas of governance “constitutionally devolved to them without their consent”. He added: “It is now time for the UK Parliament to support a renewal of the modern partnership between the UK and Overseas Territories based on the principle of self-governance and we hope there will be no further parliamentary moves to undermine the UK Government position that rejects the use of Orders in Council against the Territories.” 

Wheatley also praised Rosindell for his long-standing support to the Overseas Territories including BVI and for respecting their constitutions. It is known that the UK government is taking steps to mitigate possible adverse effects that Brexit, which is now planned on October 31, can have on the British Virgin Islands. Governor Augustus Jaspert stated that many of the benefits that the BVI currently receives from its association with the EU, including EU funding and trade benefits, would go unchanged when Brexit is finalised - among them.

BVI FSC Issued Statistical Bulletin for Q4 2018

The British Virgin Islands Financial Services Commission has issued the fifty-third volume of its Quarterly Statistical Bulletin, providing analysis and information about financial services activities for the fourth quarter of 2018. According to the information published by the Registry of Corporate Affairs, which maintains the required registers of companies, there were 8,916 new incorporations of business companies in Q4 2018 (a 6.88% decrease when compared to 9,575 in Q3 2018 and 4.43% increase when compared to 8,538 in Q4 2017). Cumulative number of companies on the Register was 402,907 as at 31 December 2018.

In the fourth quarter of the year, there were 37 Limited Partnerships (LPs) newly formed in the BVI. There was a 37.04% increase in the number of new Limited Partnerships formed in Q4 2018 when compared to 27 in Q4 2017, and a 67.54% decrease in the number of LPs when compared to 114 in Q3 2018. Cumulative number of active LPs was 940 in the year 2018.

According to the information of the Intellectual Property Unit within the Registry of Corporate Affairs, which is responsible for administering all laws relating to intellectual property in the British Virgin Islands, in Q4 2018 there were 58 applications to register a trade mark - that is 61.11% increase when compared to 36 in Q4 2017, and 15.94% decrease compared to 69 in Q3 2018.

The figures of Banking, Insolvency and Fiduciary Services statistics recorded for all commercial banks show the decrease of cash items quarter over quarter and increase year over year. Loans and advances increased quarter over quarter and decreased year over year, while investments decreased quarter over quarter. The Net Interest Income for commercial banks decreased by 1.72% in Q4 2018 when compared to Q4 2017, and decreased by 23.68% in Q4 2018 when compared to Q3 2018.

Further information, including also Investment business and Insurance statistics, can be found on the BVI FSC homepage.

2019 Budget Passed by the House of Assembly

On April 26, following two days of debates, the House of Assembly of the British Virgin Islands has passed the budget 2019 with amendments; legally titled the Appropriation Act 2019, it has retroactively come into force on January 1, 2019.

The largest share of the budget is reportedly given to the Ministry of Health & Social Development. The Ministry of Education, Culture, Youth Affairs, Fisheries & Agriculture is the one to receive the second largest share, followed by the Ministry of Transportation, Works & Utilities.

The fourth most significant share of the budget was received by the Ministry of Finance and Ministry of Natural Resources, and the fifth one was received by the Ministry of Labour & Immigration.

BVI Government investing into BVI Health Services Authority

The new Premier and Minister of Finance Andrew Fahie made the announcement during the budget address in the House of Assembly that BVI Government will invest US$2,5mln into the BVI Health Services Authority. The main purpose of the investment is to boost medical tourism in the territory. The Premier also said: “This essential investment is critical to ensuring that the BVIHSA is able to collect sufficient revenue to meet all of its obligations.”

By words of BVI Premier, when medical tourism starts generating sufficient revenue, the government will no longer inject millions into the BVIHSA through the National Health Insurance (NHI) scheme. The NHI receives a yearly allocation of US$42 million from the BVI’s annual budget. 

This year, the Ministry of Health was allocated total amount of US$60,552,125, which makes 10.2% of this year’s US$426 million budget.

CDB Issued Regional Report and Economic Forecast for 2018-2019

The Caribbean Development Bank (CDB) said in its regional assessment and economic outlook report that the Caribbean region has grown a substantive rate over the last year, primarily due to tourism growth and hurricane recovery. Financial position of the Caribbean countries mostly remained positive, with decline of the public debt in the region from 67% of GDP in 2017 to 63% in 2018. Debt-to-GDP ratios fell in 13 borrowing member countries, and debt is still over 60% in 11 territories.

The Caribbean development bank forecast economic growth for almost all its member countries, with an average rate of 2%, noting that growth depends also in international trends. The CDB projected that Grenada will have the fastest economic growth in 2019, along with Guyana, Suriname, and Trinidad and Tobago. It is expected that economic growth will continue in the British Virgin Islands, together with continued recovery from hurricanes of 2017. Business services, tourism, construction and agriculture will provide growth in most member countries.

BVI FSC Issued Statistical Bulletin for Q3 2018

Last week the British Virgin Islands Financial Services Commission has published the fifty-second volume of Quarterly Statistical Bulletin, where provided analysis and statistics on the financial services industry in the third quarter of 2018.

According to the information provided by the Registry of Corporate Affairs, which is responsible for maintaining the required Registers of Companies, in the three months ended on September 30, 2019 there were 9,575 Business Companies incorporated in the jurisdiction, which is an increase as compared to 9,126 BC’s registered in the second quarter of 2018, and a 25.34% increase compared to 7,639 companies incorporated in the third quarter of 2017. Total number of BCs on the BVI Register as at 30 Sept 2018 was 422,594. 99.86% of Business Companies registered in the BVI are Companies Limited by Shares.

There were 114 new Limited Partnerships formed in Q3 2019 - compared to 38 in the previous quarter of 2018 and 23 in the third quarter of 2017. As at 30 September there were 917 active Limited Partnerships as a result of the steady increase of their number. 

In Banking, Insolvency and Fiduciary services, there was 1 Restricted Banking License and 6 General Banking Licenses issued in the third quarter of 2018. Total Deposits rose by US$467,284 (27.92%) in Q3 2018 when compared to total deposits in Q3 2017 and by US$119,544(5.91%) when compared to Q2 2018. For BVI licensed commercial banks, net interest income was US$68,648 - this is 4.81% increase when compared to Q3 2017, and 46.97% increase when compared to Q2 2018. Also, in Q3 2018 3 new Investment Business Licences were issued, making total number to reach 411 at 30 September 2018.

According to the statistics of the Enforcement Committee, there were 53 enforcement actions levied; 1 administrative penalty, 4 public statement, 1 licence revocation and 2 strongly worded letters against licensees. More information and details can be found on the home page of the Financial Services Commission.

BVI Passes The Economic Substance (Companies and Limited Partnerships) Act

According to the announcement of BVI Premier and minister of finance, Dr Orlando Smith, the territory has passed The Economic Substance (Companies and Limited Partnerships) Act, 2018, which came into force on January 1, 2019. This is an important legislation addressing the EU’s concerns over “economic substance”, ahead of the December 31 deadline set by the European union for the British Virgin Islands and other financial centres.

In his comments BVI Premier said: “The government has engaged closely with EU officials over the last 18 months to understand and address the concerns that have been raised and has consulted on a regular basis with representatives of the financial services industry. Dialogue with the industry will continue to ensure smooth implementation of the new requirements and the International Tax Authority is issuing a guidance note to accompany the new Act.” 

Also, the BVI government admitted that the legislation will create challenges for some companies and limited partnerships, mostly due to the compressed timeline. It is expected that the formal response of the European Union will be given after some months.

BVI Government Approved Bill on the Issue of Economic Substance

BVI Premier and Minister of Finance Dr Orlando Smith announced that the BVI Government has taken measures to respond to the EU’s listing of non-cooperative jurisdictions, and will take reasonable steps to address EU economic concerns. The government approved the Bill , which is planned to be considered in the House of Assembly on December 13, and to come into effect by December 31, 2018, which is the EU deadline.

The new legislation will provide further assurance which was required from the BVI on the issue of ‘economic substance’. It is to introduce economic substance requirements for all business companies and LPs which are registered and tax resident in the British Virgin Islands.

Every corporate service provider will have to know where the company or limited partnership is tax resident and must be ready to provide that information to the BVI’s competent authorities. If tax resident in the BVI, they must show ‘economic substance’. Companies or LPs must, in relation to any relevant activity, carry out core income generating activities in BVI. Among them are: banking business, insurance business, fund management business, finance and leasing business, headquarters business, shipping business, holding business, intellectual property business, and distribution and service centre business.

For the last months, the BVI government had regular consultations with representatives of financial services industry, to address the concerns, and will continue dialogue for smooth implementation of the new requirements.

Director for Overseas Territories Paying Visit to BVI

The director for Overseas Territories in Britain’s Foreign and Commonwealth Office Ben Merrick made a four day visit to the British Virgin Islands, during which he was focusing on governance, financial services of the territory, and the post-hurricane recovery. He was talking with the BVI Premier and Minister of Finance Dr Orlando Smith, the Cabinet, the leader of the opposition and representatives of the financial services industry.

One of the main purposes of the visit is to evaluate the influence of financial and technical support from the UK to the BVI after hurricanes, and to discuss further funding and loan guarantees for BVI recovery and development. Government departments and agencies visited by Merrick include the Royal Virgin Islands Police Force, the Department of Disaster Management, the BVI Ports Authority, the BVI Airports Authority and the Recovery and Development Agency.