Business BVI February 2020

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FEATURES 16 GALLERY

A legend is reborn 39 BUSINESS

Is the blue economy the foundation for our next economic leap forward?

By DR. KEDRICK PICKERING

66 TOURISM

Post-Irma, the BVI faces an evolving global tourism market

By ROBERT CURLEY

108 THE DECIDER

David V. Johnson wants you to visit Oil Nut Bay Resort An investor conversation

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Contents BUSINESS

46

12

MERGERS AND ACQUISITIONS IN THE BVI-STRUCTURING OPTIONS

MASTHEAD

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50

OPENING REMARKS

BVI: A FRONTLINE FOCUS FOR RESOLVING FUTURE CLIMATE CHANGE RELATED DISPUTES

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58

CONTRIBUTORS

THE POST-HURRICANE CONSTRUCTION MARKET IN THE BVI

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62

THE GALLERY

ENTREPRENEURSHIP

THE BINGE EDUCATION OF A GEN Z ABOUT THE BVI ECONOMY AND THE NEED FOR DIVERSIFICATION

39 BUSINESS

66 TOURISM

86 R E A L E S TAT E

R E A L E S TAT E

86

THE OUTLOOK FOR REAL ESTATE

100 BUSINESS BVI GUIDES

108 THE DECIDER

B U S I N E S S BV I G U I D E S

100

BVI FAST FACTS

BUSINESSBVI.COM

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Opening Remarks Russell Harrigan

MANAGING EDITOR & CHIEF CONTENT OFFICER

Oyster Publications LTD PUBLISHER

Portia Harrigan

PROJECT CO-ORDINATOR

Claire L. Shefchik SENIOR STAFF WRITER

Louie Acantilado Oyster Design Team CREATIVE

Russell Harrigan ADVERTISING

Portia Harrigan BUSINESSBVI.COM

Only when it’s dark enough you can see the stars time to double down on our tourism industry Tourism in the British Virgin Islands has always been synonymous and deeply intertwined with the opening of Little Dix Bay Resort, now Rosewood Little Dix Bay on Virgin Gorda, developed by Laurence Rockefeller in 1964. The tourism purists among us, unapologetically go even further and emphatically declare that the opening of the resort was the cornerstone of tourism in these islands. A cornerstone superseded only by the unparalleled natural beauty of the destination, which mesmerised Rockefeller in the first instance.

As the largest single contributor to the territory’s GDP, which significantly balloons in aggregate when its many linkages are added to the equation, tourism has the headroom and the potential to up its game. Energising these linkages hold real potential for investment and business opportunities across the entire economy. This is buttressed at the global market level, with strong and growing demand for global travel at the luxury end of the market, spurred by the sustained growth of global wealth.

I was reminded of the stature of this global Icon and Grande Dame of regional tourism, at a post Irma tourism promotion event for London’s leading luxury tour operators. In unison, as if on cue, it was made crystal clear that until Rosewood Little Dix Bay reopens, tourism in the BVI was also perceived as closed. It was not lost on our delegation, that we had much work to do as we feverishly pushed to assure the global travel and tourism sector that the destination was truly open for business.

Notwithstanding our size, as a destination the BVI has a strong global brand and a diverse product - land and water-based at the luxury end of the market. A combination that is unmatched in any other Caribbean destination. Hence, our potential for growth is only limited by our imagination to meet the demands of that market segment. A segment that is becoming crowded.

Here we must pay laser-like attention to the global mega-trends in tourism. These range from the growth of wellness, the continued prominence of safety as a key influence in choosing a destination, sustainability of tourism destinations and the disastrous impact of trends such as overtourism. It is also critical that we pay close attention to the demands of millennials in particular, for cultural immersion experiences, and the need to get to a destination quickly.

But a great resort is like fine wine. It takes time to meticulously rebuild a five star resort with the DNA of Little Dix Bay to meet the needs of a discerning clientele, one with demographics dominated by ‘Boomers’ while keeping an ever watchful eye on the future. A future where cohorts of Millennials and Gen Zs will lead the guest list deep into this century. Here, Rosewood’s success will also be the success of the wider destination as both face the critical emerging challenge, of seeing the ‘Boomers’ out and the Millennials and Get Zs in. A huge balancing act for marketers in the leisure space.

Cover illustration by Oyster design team

Business BVI is a bi-annual magazine published by Oyster Publications LTD P.O. Box 3369, Road Town, Tortola, British Virgin Islands Tel: 284-494-8011 Fax: 284-494-3066 www.oysterbvi.com Email: info@oysterbvi.com Please send comments and address changes to this address.

Business BVI and Oyster Publications LTD are divisions of Oyster Global Marketing Group. www.businessbvi.com All information in this publication has been carefully collected and prepared, but it still remains subject to change and correction. Use this content for general guidance only and seek extra assistance from a professional adviser with regard to any specific matters.

Copyright reserved. None of the contents in this publication may be reproduced or copied in any form without permission in writing from the publisher.

These articles do not constitute tax or legal advice, and no action should be taken based on the information in these documents without first consulting suitable tax or legal advisers. No liability for actions taken, or in action, based on the information in these articles, will be accepted.

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In late January, I had the distinct pleasure of attending the reopening of Rosewood Little Dix Bay, after what was almost a four year comprehensive renovation and reimagining of the resort. From the quality and the detail of work, it is obvious that this could not have been accomplished without a commensurate price tag befitting Rosewood standards. The redevelopment was a team effort at the ownership, management and governmental levels, the success formula required for a modern tourism economy and destination.

As I sat through the ribbon cutting ceremony, I reflected on the parallel paths Rosewood Little Dix Bay and the BVI as a destination must traverse if they are to have success as they face head-on the decade ahead and beyond. The comprehensive reimagining and renovation undertaken by Rosewood is instructive. It should offer insight and inform the tourism sector at the national level, as we strengthen our foundation, positioning the territory to continue to thrive in the global tourism space. Such introspection comes at a critical time for the territory, as we witness a diminution of the direct revenues to the national treasury from the sister pillar, financial services. It is now in vogue to think and say that tourism must step-up to the plate and fill the void. That’s easier said than done. If success is to be assured, this must be driven and underpinned by the requisite strategic thinking, planning and development at the policy level.

Nearshore, challenges such as sourcing trained and skilled talent must be addressed across the sector if we are to deliver on our market positioning, Nature’s Little Secrets. The dearth of skilled talent is perhaps the biggest medium term threat facing the tourism sector at all levels.

In this issue as I am sure you have already deduced from above and our cover graphic of Rosewood Little Dix Bay, that we have focused the lion’s share of our editorial content on tourism, reflecting on the sector’s post Irma recovery and its potential for future growth of the territory’s GDP. SeeA Legend Is Reborn p.16, Post-Irma, The BVI Faces An Evolving Global Market p.66 and our timely and extensive heads up investor conversation with David V. Johnson on the development of Oil Nut Bay - David V. Johnson Wants You To Visit Oil Nut Bay p.108. Elsewhere we take a look at; the BVI potential for economic growth from its Blue Economy - Is The Blue Economy The Foundation For Our Next Economic Leap Forward? p.39 and the construction sector, one of the key tourism related linkages - The Post Hurricane Construction Market In The BVI p.58, the ever popular - The Outlook For Real Estate p.86 and The Binge Education Of A Gen Z About The BVI Economy and The Need For Diversification p.62.

Enjoy! Please let us have your feedback, questions and comments at russellharrigan@gmail.com.

Russell Harrigan MANAGING EDITOR & CHIEF CONTENT OFFICER

Real Estate & Consultancy British Virgin Islands

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Contributors 1.

Shea Alexander

THE BINGE EDUCATION OF A GEN Z ABOUT THE BVI ECONOMY AND THE NEED FOR DIVERSIFICATION (p.62)

Edward Childs

2.

We welcome back Shea for his second piece in Business BVI covering the entrepreneurship beat. There is a constant drum beat about entrepreneurship’s critical role in growing the local economy, but little from the vantage point of young people. Hence we turned to Shea to effectively speak to his Gen Z cohort. He represents a new generation of BVI writers that Business BVI is keen on introducing to the our readership.

THE OUTLOOK FOR REAL ESTATE (p.86)

The Real Estate sector in the BVI post the hurricanes of 2017 has seen substantial activity with new entrants looking for distressed opportunity, while the residential sector moved frantically to make repairs and move on with life. Meanwhile the resort and tourism sector continues to be a beehive of redevelopment activity.

This all takes place in the context of external developments such as Brexit and a slowing global economy. To make sense of it all, at Business BVI we leave it to Edward Childs our resident prognosticator. Always well researched, written, graphically augmented with timely statistics to inform anyone looking at the real estate sector in the territory.

Enjoy!

Marvin E Flax THE POST-HURRICANE CONSTRUCTION 4.

MARKET IN THE BVI (p.58)

Robert Curley

3.

POST IRMA, THE BVI FACES AN EVOLVING GLOBAL TOURISM MARKET (p.66)

Robert Curley is a freelance writer focusing on travel in the Caribbean Islands. His work has appeared in publications such as Coastal Living and Business Traveller, and he is the author of the guidebook “Off the Beaten Path: Rhode Island.” Robert is a former writer for TripSavvy, contributing more than 400 travel articles about the Caribbean Islands in 11 years. Island living is in his blood—he was born on Long Island, moved to Rhode Island, and later gained an appreciation for tropical island life while visiting the Caribbean. We turned to Robert to look at BVI tourism as it reenters the global tourism market post the hurricanes. Needless to say global travel and tourism did not slow down because of the hurricanes.

Dr Kedrick Pickering IS THE BLUE ECONOMY THE FOUNDATION

FOR OUR NEXT ECONOMIC LEAP FORWARD? (p.39)

STRUCTURING OPTIONS (p.46)

Rebecca is a Senior Associate within the BVI Corporate department at Appleby with particular expertise in mergers and acquisitions, representing private equity firms, public and private companies in cross-border transactions and listings.

Rebecca also advises on a broad range of corporate and financial matters, including financial services regulation, fund establishment, debt capital markets, restructurings and general corporate law.

Rebecca is also a member of Appleby’s Tech and Innovation team, having advised entities working on blockchain, AI, FinTech and other emerging technologies on fundraises, mergers and acquisitions, as well as sitting on the BVI Financial Service Commission’s FinTech working group.

In 2019, Rebecca was listed in both IFLR1000 and Legal 500 as a ‘rising star’ and was nominated as a ‘Future Leader’

by BVI Finance. This is Rebecca’s first rodeo for Business BVI and we welcome her.

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We welcome Dr. Pickering back to the pages of Business BVI looking at the BVI potential for developing and expanding its Blue Economy. As the immediate past Minister of Natural Resources and Labour, he is uniquely qualified and positioned to speak to the subject. He has established a reputation locally and overseas for bringing passion to environmental and climate change matters. A timely read given the ongoing discussion territorywide about economic diversification, a conversation which seems to be focused on quick fixes. We at Business BVI believe that an immediate area of opportunity for economic diversification lies in the adjacencies to our current economic pillars, tourism and financial services. We already have a toe in Blue Economy water, the question is, can we scale it up? We believe it is doable, and we are excited about the ongoing investigative research and work being undertaken by the Ministry of Natural Resources and Labour.

Keith Waldon

8.

5

In this issue, Patlian reverts to her yeoman’s role of ensuring that our Fast Fact Guide is current and informed. The guide is intended to provide key stats and information at about the BVI at a glance.

It is most useful assistance for persons relocating to the territory or planning to invest or acquire property for a second home.

7.

Rebecca Jack MERGERS AND ACQUISITIONS IN THE BVI –

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5.

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We welome Marvin Flax to the pages of Business BVI. A British Virgin Islander, he is the Managing Director of OBMI here in the BVI. A unique perch from which to provide our readers with an overview of the post Hurricane construction market in the BVI. We were keen to source a companion piece to the Real Estate Outlook and we were not disappointed.

Marvin highlighted a number of areas of opportunity in the construction space such as strong demand for high quality finishing work. With the resort sector redevelopment picking up pace, there is a sweet smell of opportunity. Marvin is instrumental in cultivating the local architectural expertise within the BVI to enhance the company’s Centre of Excellence framework. He was the Project Architect on notable projects such as the rebuild and renovation of The Rosewood Little Dix Bay Hotel on Virgin Gorda, The Westin Hotel Sunset Bay conversion in St John, USVI and several high-end residential estates including Nora Hazel Point in the Brandywine Bay area of Tortola, BVI and the Neveah Residence in Anguilla.

Patlian Johnson BVI FAST FACTS (p.100) 6.

THE BVI REEMERGES AS EVEN MORE OF A BILLIONAIRE’S PARADISE (p.33)

A native Texan, Keith Waldon began his career in luxury travel while still in college in Dallas as an intern for Rosewood Hotels, where he continued his career as a marketing manager after graduating from Southern Methodist University.

Keith later spent 16 years as a senior executive for the international luxury travel network Virtuoso, where creating the Virtuoso brand and elevating the awareness of travel advisors were among his accomplishments. With 27 years in the luxury travel industry and a bit of a maverick Texan personality, Keith developed the Departure Lounge concept in 2013 as a new way to visibly engage a community with the world of travel.

Keith is honoured to be featured on Travel+Leisure Magazine’s A-List of travel experts as a family travel specialist, and he also serves on the magazine’s Advisory Board. He is also a member of the marketing committee for Virtuoso and the Advisory Board for the British Virgin Islands. Keith is an innovative thinker and one of the sharpest minds globally in the luxury tourism space.

BVI Gin

BUSINESSBVI.COM

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The Gallery WHAT THE EDITORS ARE OBSESSING ABOUT IN THIS ISSUE

A LEGEND IS REBORN

The Gallery

“

56 years after Laurance Rockefeller’s vision came to life in January 1964, we are now ready to embark on the next chapter for this legendary resort after a difficult four year journey.

19 With an exciting vision for the future and a young and enthusiastic team behind me and as guardians of this property we are delighted and proud to say that one of the Grand Dames of the Caribbean, Rosewood Little Dix Bay is back!

“

Reimagined, renewed and ready!

- Andreas Pade, Managing Director

The Gallery

ROSEWOOD LITTLE DIX BAY OPENS FOLLOWING AN EXTENSIVE, FOUR-YEAR RE-IMAGINATION BRINGING A NEW AGE OF LUXURY TO THE BRITISH VIRGIN ISLANDS Following a four-year closure and comprehensive renovation, Rosewood Little Dix Bay on Virgin Gorda reopened on January 6, marking one of the year’s most highly anticipated openings.

Originally founded by conservationist Laurance Rockefeller over half a century ago in 1964 and long regarded as one of the world’s greatest getaways, the iconic resort has been completely revived and redesigned, while staying true to its identity, as a leading example of ecotourism. Set across 500 acres of pristine, private beachfront and breathtaking flora and fauna, the reimagined resort provides an unparalleled island escape with expertly appointed accommodations, inspired amenities, dynamic dining outlets and bespoke services and programming.

“We are excited to welcome a new wave of ultra-luxury travellers as well as our adoring legacy guests to the reimagined Rosewood Little Dix Bay,” said Andreas Pade, managing director of Rosewood Little Dix Bay. “Over the last four years, an expert team of environmentalists, architects and designers has worked tirelessly to honour the resort’s storied past, while incorporating modern amenities and comforts, creating a truly one-of-a-kind offering in the British Virgin Islands, that will delight discerning travellers for generations to come.”

A Unique History and Heritage Virgin Gorda, the third largest island of the British Virgin Islands, is a distinguished oasis rich with rolling hills, secluded coves and white sand beaches and commonly considered one of the Caribbean’s most coveted destinations. Ideally situated along one of the island’s most beautiful bays, Rosewood Little Dix Bay initially opened in 1964 and was quickly established amongst affluential explorers as a destination of choice. Throughout a fifty-two-year tenure, the property held a premier place in the hearts of travellers from around the world, many of whom returned annually alongside new friends and family members to share with them the riches of the resort. After closing for a refurbishment in 2016, the property was soon shuttered by the effects of Hurricane Irma. Today, following a four-year, full renovation, the renowned resort remerges to universally delight as a paramount Caribbean retreat, retaining its original emphasis on celebrating the surrounding natural environment, while introducing new elements that speak to the wants and needs of today’s travellers.

Dedicated Service The elevated journey that awaits at the new Rosewood Little Dix Bay, begins before guests arrive in the British Virgin Islands, through a selection of new offerings and amenities, including an entirely new, devoted butler service. Prior to each stay, guests’ individual butlers collect their personal preferences and other pertinent details regarding their visits to tailor each guest’s experiences from beginning to end. Butlers guide guests through a seamless, in-room check in and remain available throughout the duration of their getaway, to provide several additional services designed to further enhance the guest experience, including assistance with unpacking and repacking and arranging dining reservations and daily activities.

Beyond the dedicated resort butlers, a signature “soap butler” also greets visitors towards the beginning of their journey, offering a selection of local artisanal soaps from EC Soap Co. to enjoy throughout their stay.

Bespoke Ocean Arrival Those arriving to the destination by air at Beef Island are then whisked away to the resort on one of Rosewood’s brand new, luxury catamarans. The exclusive vessels are outfitted with attractive finishes and first-class amenities, including spacious, covered lounge areas that provide relaxed seating spaces with a perfect view of the sea.

Onboard, captain and crew guide guests on the seamless, 20-minute sail to Virgin Gorda, complete with signature beverages, such as The Painkiller and Pelican Smash and a brief tour of the coastal highlights. The tranquil ride offers the ultimate in luxury sea travel and alludes to the well-appointed experience guests will enjoy once on shore at the resort.

Upon arrival to the resort’s new private dock, travellers are greeted by their butlers and continue to the personalised check-in experience.

A Reimagined Oasis Inspired by its supreme setting with architecture following the lines of the landscape, the property’s intuitive, modern design by New York-based team Meyer Davis, evokes a relaxed yet refined sense of luxury, bolstered by boundless natural beauty.

Honouring Laurance Rockefeller’s original vision, the footprint and structures of the property remain the same, including the resort’s unmistakable conical shaped roofs that sit atop the heart of the resort, Pavilion.

Inside, each distinct guest space pays homage to Rosewood Little Dix Bay’s laid-back heritage while simultaneously incorporating a contemporary and residential vibe, with an aim to exude the feeling of a private home and offer a transcendent sense of ease throughout the entire guest journey. In keeping with Rosewood’s guiding A Sense of Place® philosophy, wherein the local sensibilities of the destination serve to inspire the offerings provided there, the resort’s new design reflects the intrinsic style and sentiment of Virgin Gorda through unique décor, authentic artifacts and dynamic design elements that bring the external environment indoors.

Supreme Stays Spread across a half mile of beachfront property overlooking a tranquil bay, the resort’s 80 accommodations have been designed with privacy and relaxation in mind and aim to foster guest connection. 42 guest rooms, 35 suites, two beach houses and one hillside villa dressed in the soothing tones of the island’s pristine sands, ancient boulders

and cooling waters, offer elevated design and décor. With the intention to create an oasis disconnected from the world, the majority of the guest rooms and suites are digital-free sanctuaries without televisions, encouraging guests to focus on connecting with their travel companions. Unobstructed views of the sea are on display from each and every accommodation, including the hexagonalshaped Ocean View Cottage and Beach Front Cottage guest rooms. The sophisticated and modern suites, ranging from unique Tree House Suites, inspired by the resort’s original stilt houses, to One-Bedroom Pool Suites with private plunge pools overlooking the bay, present an array of luxuries including outdoor rain showers and private patios. For more spacious stays, the Ocean View Junior Suites, with connecting suite capabilities and One- and Two-Bedroom Suites provide an inspired home-away-from-home, ideal for intimate group getaways.

Set upon the island’s Dover Hill, the resort’s luxury villa delivers the utmost in space and service as well as panoramic views of Little Dix Bay and the nearby islands. Reminiscent of a private estate, the four-bedroom Villa Joy will quickly establish itself as the optimal accommodation for larger families and groups of friends, with a grand living and dining room, private pool, outdoor dining pavilion and barbeque area. The property’s original two-bedroom Columbus House and three-bedroom Laurance House offer the same elevated levels of comfort and leisure with large living spaces, a full kitchen, an oversized terrace, a private pool and direct access to the beach. Bespoke services and amenities enhance every stay, including signature AERIN bath and body products, complimentary bikes and chauffeured golf cart transportation around the resort, as well as an entirely new dedicated butler service for all guests.

Distinct Island Dining With an unwavering commitment to fresh and locally-inspired cuisine, Rosewood Little Dix Bay unveils four new dining concepts, offering a dynamic gastronomic experience, complemented by unmatched ambiance.

Featuring a freehand menu that rotates daily, the chic and colourfully designed signature restaurant Reef House showcases premier al fresco “farm-to-fork” dining, with fresh provisions and ingredients sourced daily from the property’s on-site garden as well as through local purveyors. Boasting creative tapas-style dishes with island influences,

21 Spread across 500 acres of pristine private beach and designed by New York-based Meyer Davis, the one-ofa-kind resort features: • 80 expertly-appointed guestrooms, suites and villas, offering sprawling ocean views and locally-inspired décor • Four distinct dining concepts including the signature “farm-to-fork” restaurant Reef House, tapas-style gathering space Sugar Mill, convivial all-day eatery Pavilion, and casual-chic bar and lounge Rum Room • A cliffside Sense, A Rosewood Spa complete with a state-of-the-art fitness centre and two-tiered infinity pool • A robust recreation program including myriad water sports and outdoor activities, eight new tennis and pickle ball courts and an authentic and immersive Rosewood Explorer’s children’s programme • Unparalleled services and amenities, including dedicated butler service and a bespoke ocean arrival experience via Rosewood’s new luxury catamarans

Sugar Mill is housed in the property’s openair stone mill and features panoramic views of the bay. An elevated raw bar headlines the carefully curated menu, which is paired with an innovative wine list and specialty craft cocktails. Situated in the heart of the resort beneath its iconic vaulted rooftops, Pavilion utilises international cooking methods, global ingredients and bold spices in every dish. The chef’s outdoor show kitchen allows guests to discover the details of each dish in a laid-back setting, offering sweeping views of the sea from every table. Located just off Pavilion, Rum Room is stocked with 107 different labels of aged and rare rums from around the world, with bartenders serving a mix of new and classic concoctions throughout the day. The relaxed and openair atmosphere provides a classic Caribbean environment for pre or post-meal libations or to sample the many rums on offer in weekly tasting sessions.

The Gallery backdrops. Further, a state-of-the-art fitness centre is outfitted with the latest boxing and kickboxing equipment, strength and cardio machines and free weights, as well as a juice and smoothie bar, serving nourishing refreshments and light bites.

Refined Recreation Rosewood Little Dix Bay debuts six new tennis courts spanning cement and artificial grass surfaces, as well as two pickle ball courts. A resident tennis instructor is available for private lessons designed for all skill levels, and specialty clinics and competitions are held weekly to foster a fun and engaging atmosphere and strong sense of community. A wide range of watersports are offered on property, including kayaking, paddle boarding and surfing. Guests can also arrange curated beach drops to Virgin Gorda’s seven secluded beaches complete with picnics and all essentials for a day on the sand. Just steps from the beach, the resort’s main pool, the free-form, centrally-located Pavilion Pool, offers food and beverage service courtesy of the nearby dining outlet, Pavilion.

Rosewood Explorers

Elevated Wellness Set against the stunning Sir Francis Drake Channel, with sweeping cliffside views of the bay below, the resort’s Sense, A Rosewood Spa has been meticulously designed to incorporate the island’s tranquil ethos and style within each of the eight treatment rooms and throughout the unique menu of inspired offerings. Off each treatment room is a private terrace providing direct ocean views to enjoy during or post-treatment. Restorative treatments and therapies leverage the island’s rich botanical resources, with highlights including Afri-Cure, a signature service that incorporates local Jumbie Tree leaves, Tamarind Tree leaves, lemongrass and harvested Salt Island sea salt.

The elevated spa menu also includes experiential treatments that invite guests off property to explore the wonders of the destination, such as The Baths Journey that begins with a tour of and swim in the British Virgin Island’s famed Baths National Park followed by a warm body scrub and mask made with fresh ingredients cultivated from the resort’s gardens. Ideal for guests looking to unwind before or after treatments, the two-tiered Spa Infinity Pool, framed by lush tropical palms, colourful flowers and volcanic rocks, sits directly adjacent to Sense Spa and offers a calming and quiet atmosphere.

For the fitness enthusiast, a selection of indoor and outdoor activities provide ample opportunity to engage both the body and mind. Two hiking trails, boasting expansive views of the island encourage exploration amongst guests, complete with a Hiking Butler whom assists with all hiking related activities, such as providing necessary gear, guides and tips. The half-mile of crescent beach provides a setting for Island Bathing and allows guests to meditate surrounded by nature with the soundtrack of the ocean. An outdoor yoga platform hosts a range of classes set amongst one of the world’s most beautiful

For Rosewood’s younger guests, a holistic Rosewood Explorers children’s program boasts a range of authentic and immersive activities, both at the dedicated clubhouse and throughout the property, curated to educate children on their surroundings, all while fostering a sense of adventure and social responsibility and awareness. Inspired experiences include, meet-and-greets with local lizards, snakes and other wildlife at the property’s own petting zoo, wades through the island’s waters to learn about reef protection and observe the destination’s indigenous marine life, and cooking classes utilising local ingredients grown at the resort’s sustainable farm. Additional children’s programming at the resort includes a kids-only reservations line and restaurant section where young guests have a unique opportunity to dine together, away from their families, fostering independence and lasting relationships with one another.

Elegant Weddings & Events A selection of distinct indoor and outdoor event spaces ideal for weddings, corporate meetings and celebrations solidify Rosewood Little Dix Bay as a one-of-a-kind gathering place for commemorating life’s most important moments. The indoor event space encompasses the dazzling Great Room, filled with natural light and perfect for gatherings up to 70 people, and the private Mahogany Boardroom, an intimate and sophisticated venue comfortably seating up to 14 people.

Outside, the private beach and lawns serve as picturesque backdrops for celebrations of all sizes. In addition to the dedicated event spaces throughout the grounds, private dining will be an option at each of the property’s culinary outlets. Rosewood Little Dix Bay’s wedding specialists guide couples throughout the entire wedding planning process each step of the way to help create personalised celebrations.

Rosewood Little Dix Bay is currently accepting reservations.

To learn more about the resort and book a visit, please visit rosewoodhotels.com/littledixbay

23 ROAD HARBOUR MARINA DEVELOPMENT TO CHANGE THE TORTOLA HOSPITALITY LANDSCAPE WITH ITS 2021 OPENING A welcoming oasis near Road Town The British Virgin Islands and the wider Caribbean hospitality industry eagerly awaits an exciting new hotel and marina development on Tortola. The Road Harbour Marina Development will take pride of place at the redeveloped JOMA’s Port Purcell waterfront property.

The Developers, Road Harbour Marine Holdings Ltd. is a wholly owned subsidiary of JOMA (Holdings) Ltd., parent company of JOMA (Properties) Ltd., one of the leading real estate development and management companies in the territory. The much anticipated multi-phase project currently in its final planning and design stage is scheduled to open in the last quarter of 2021. RHM will feature a newbuild boutique hotel of 50 modern guestrooms and suites, as well as a swimming pool, fitness centre, restaurant, bar and retail shops. Situated on the waterfront of a signature marina, designed to accommodate approximately 30 yachts, RHM incorporates state of the art dockside amenities that meet every level of industry standard.

Features and amenities The architecture brings together Caribbean hospitality and elegance, as well as modern urbanity, centred on durability and sustainability.

Designed by BVI architecture practice OBMI, known for creating spaces that blend into the culture, nature and heritage of a specific site, the RHM definitely doesn’t disappoint in terms of its innovative design.

Here, thoughtful interiors, open spaces with a unique character and dynamic design elements will wow guests and create a unique sense of place. A unique three sectional infinity pool seamlessly merges the ocean and the vibrant landscape, providing ample opportunity for guests to relax and rejuvenate, while foodies will delight in culinary delicacies, executed with flair by talented gourmet chefs.

The hotel will cater to both business and leisure travellers, with ample conference, meetings and event facilities, while the marina building will house shopping, retail and office spaces. Taking advantage of its prime location in Road Town, RHM tenants and guests will benefit from the proximity of existing marine-based businesses, recreation, entertainment, professional services, food stores and dining options.

Commenting about the development, Colin O’Neal, CEO of JOMA Properties Ltd., said “We see great potential for growth through the changes in the economy of the British Virgin Islands, as we seek to capitalise on economic substance. A critical component of that is a higher level of hospitality offerings. We have always been committed to excellence in all of our projects and our intention is to provide top tier facilities for the business and leisure traveler.” www.rhmbvi.com

The Gallery Mishka Jacobs has a wealth of experience and specialises in land and property matters, advising on commercial and residential acquisitions and disposals as well as commercial and residential leases. Her practice area also includes, non-belonger land holding licence applications, matters of employment/ labour law and advising on probate and administration of estates.

Vareen Vanterpool also brings a legacy of experience across the public and private sector.

Ayana Hull named head of BVI Private Wealth team and Regulatory practice Harneys has announced the promotion of Ayana Hull to head of the British Virgin Islands Private Wealth and Regulatory practice.

Ayana has over 15 years of experience practising BVI commercial law and has been with Harneys since 2013. She regularly advises both corporate and private individuals wishing to establish, operate and invest in the BVI. As part of her role as a key advisor to those undertaking large scale development projects, she advises and negotiates on property acquisition and disposal matters for both individual and commercial clients. They rely on her detailed knowledge of BVI legislation as well as her strong relationships with governmental and regulatory bodies. She also assists clients with the full registration process for ships in the BVI, including registration of new builds, acquisition and finance and charter and crew employment agreements.

Prior to joining Harneys in 2013, she acted as in-house counsel to the BVI Financial Services Commission and its regulatory divisions.

Ayana is the current chairperson of the BVI Financial Services Commission Securities and Investment Business Act Advisory Committee, as well as a member of the BVI Financial Services Commission FinTech Advisory Committee. She is the immediate past Chairman of the National Parks Trust and sat as the Chairman of the Telecommunications Regulatory Commission from 2011 - 2014.

Ayana will be supported by team members Mishka Jacobs, Vareen Vanterpool, Matthew Howson and Kimberly Seagojo. The team will be complemented by Hazel-Ann Hannaway, partner in the firm’s Litigation and Insolvency practice group, supported by Kisha Frett who will work alongside the team on contentious private wealth and banking matters.

She also served as in-house General Counsel to the British Virgin Islands Ports Authority, advising them on the recent cruise pier expansion. Vareen has also served on many public service committees and boards, including the Central Tenders Board, Steering Committee for Pensions-British Virgin Islands Ports Authority and the National Insurance Steering Committee, and she currently serves as a member of the Social Security Board.

Both Senior Associates Vareen and Matthew Howson specialise in private client and estate planning matters including the creation, administration and termination of trusts and international wills and estates. Matthew also drafts wills covering BVI assets, and administers BVI estates. His work invariably has an international and multi-jurisdictional dimension. His clients include individuals and families, trust companies and family offices, as well as institutional clients such as banks.

Hazel-Ann Hannaway is a partner in our Litigation and Insolvency practice group focussing on contentious private wealth matters including contractual breach, property disputes, debt recovery, employment, admiralty, personal injury, trusts, contentious probate and estate matters, contentious insolvency, fraud, shareholder and corporate disputes, banking disputes, injunctive and discovery orders. She is supported by Kisha Frett.

The team will be supported by the wider, global Private Wealth practice with partners across Cayman, Luxembourg and London, and associates throughout the network.

BVI Managing Partner, Tanya Cassie-Parker, commented: “I would like to congratulate Ayana on her promotion and wish her every success in her new role. I am certain the BVI Private Wealth and Regulatory practice will continue to strengthen and prosper under her leadership.”

Harneys depth of knowledge and expertise of the legal environment in the BVI is unmatched; we provide guidance and pragmatic advice to clients who rely on our ability to navigate inward investment into the BVI. Harneys has a deep and experienced team, ready to help businesses to establish and develop in the BVI and are well placed to assist with all aspects of the process. www.harneys.com

BRITISH VIRGIN ISLANDS TOURIST BOARD & FILM COMMISSION RECEIVES PRESTIGIOUS TRAVEL MARKETING AWARDS

British Virgin Islands nab two Adrian Awards at HSMAI Awards Gala The British Virgin Islands Tourist Board & Film Commission (BVITB&FC) received two Adrian Awards at the prestigious Hospitality Sales & Marketing Association International (HSMAI) Awards Gala on 21st January.

The BVITB&FC and its marketing agency MMGY Myriad won top honors, earning the highly coveted Platinum Adrian Award in the digital marketing category, while the BVITB&FC and its public relations agency MMGY NJF were recognized with a Gold Adrian Award for public relations excellence.

The Adrian Awards is the largest and most prestigious global travel marketing competition, recognizing excellence in advertising, marketing, and public relations.

These awards come on the heels of the British Virgin Islands being ranked as the No. 2 destination on the New York Times’ “52 Places To Go in 2020” list and gaining nominations on USA Today’s 10Best Readers’ Choice Awards. The Territory was one of only two Caribbean countries listed on the New York Times’ list (The Bahamas was No. 22).

Junior Minister of Tourism Honourable Sharie B. de Castro, Chair of the BVI Tourist Board Kenisha Sprauve and Acting Director of Tourism Rhodni Skelton attended the gala with the agency representatives. The Junior Minister and agency representatives accepted the award on behalf of the destination. MMGY Myriad and MMGY NJF are subsidiaries of media conglomerate MMGY Global, the world’s largest and most integrated global marketing firm specializing in the travel, hospitality and entertainment industries.

BVI Team at 2020 HSMAI Awards Gala L-R: MMGY Myriad Director of Marketing Services Laura Jones, MMGY Myriad Managing Director Julie Averay-Cuesta, Acting Director of Tourism Rhodni Skelton, Junior Minister of Tourism Honourable Sharie B. de Castro and Chair of the BVI Tourism Board Kenisha Sprauve.

included four stunning photos of the islands, highlighting how the destination came together posthurricanes to rebuild a truly enhanced version of itself. The writer stated, “And as anyone who takes to these seas will find, now is an ideal time to discover (or rediscover) this paradise.” The article helped put BVI back on the map for potential travelers at an extremely crucial time, resulting in an increase in inquiries and bookings approaching pre-hurricane levels.

Junior Minister Accepting Adrian Award Junior Minister of Tourism Honourable Sharie B. de Castro (left) and MMGY Myriad Managing Director Julie Averay-Cuesta (right) accepting Adrian Award.

THE AWARDS In an effort to communicate the message of the British Virgin Islands’ recovery from the 2017 hurricanes, MMGY Global was tasked with getting the message out that the BVI was back in business and ready for visitors to return.

Platinum: Today’s Secret Campaign As a means of communicating that the BVI was as stunning as ever and ready to welcome visitors, MMGY Myriad created an integrated marketing campaign, “Today’s Secret,” which consisted of User Generated Content to show the destination as it really was, in real time. The campaign featured social media, print, and digital advertising which resulted in 20 million impressions, a 238 percent increase in website traffic and a 245 percent year over year increase in unique visitors.

Gold: The British Virgin Islands’ Impressive Comeback - Travel + Leisure Cover Story On behalf of BVITB&FC, MMGY NJF looked at a variety of target outlets via which to relay its key messages and set its sights on Travel + Leisure, which boasts an affluent, travel-minded readership (average HHI of $117,218; 6.7 million print circulation / 9 million UVM). Leveraging the agency’s relationship with the editor-in-chief and convincing her of the compelling story of the islands, BVI landed the cover of the annual Caribbean issue in February, featuring an iconic shot of The Baths. The three-page narrative

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“We’re thrilled to have received such honorable awards that truly reflect the efforts of our marketing team and agencies and our tourism industry,” said Mrs. Kenisha Sprauve, Chair of the BVITB&FC. “Those efforts helped to clearly reestablish our position as a toptier tropical travel destination. It also confirms the calibre of the agencies we choose to represent us and the excellent work they have done.”

ABOUT THE BRITISH VIRGIN ISLANDS Known as a treasured destination, rich in undiscovered experiences, the British Virgin Islands (BVI) is an alluring archipelago comprising 60 islands and cays located 80 kilometers (60 miles) east of Puerto Rico, in the northwestern region of the Caribbean Sea. The main islands of Tortola, Virgin Gorda, Anegada and Jost Van Dyke have attracted travelers globally with their cultural Caribbean authenticity. Located in Tortola, Road Town is the BVI’s capital. Ranked #1 Best Place to Visit in the Caribbean by U.S. News for three consecutive years in 2017, 2018 and 2019, the BVI is where nature’s best secrets are kept with an abundance of pristine beaches, azure seas, towering sage mountains and burnt-orange sunsets. It’s no wonder the BVI’s Virgin Gorda and Jost Van Dyke were featured on the “Top Islands in the Caribbean, Bermuda and the Bahamas” list in Travel + Leisure’s World’s Best Awards 2017 and 2018. Despite its status as a United Kingdom territory, the BVI uses the U.S. dollar as its official currency. For more information please visit www.bvitourism.com.

The Government of the Virgin Islands has signed a voluntary collection agreement with Airbnb for Hotel Accommodation Tax on transient occupancy. The Premier and Minister of Finance, Honourable Andrew A. Fahie on behalf of the Government while International Senior Tax Manager, Mr. Alan Maher signed on behalf of Airbnb.

Premier Fahie while delivering the Territory’s 2020 Budget Address spoke about the successes that property owners have had using the platform. He said the strong entrepreneurial spirit of the Virgin Islands shone in the aftermath of Hurricane Irma and Maria as local homeowners opened up their homes to visitors through the AirBnB online service.

“Your Government views Airbnb as a valuable part of our economic landscape and contributing positively to the economy,” the Premier said. Airbnb is expected to complement the Government’s overall strategy to increase room stock by adding to the number of rooms that will open in 2020.

Over 2,000 guests booked accommodation through Airbnb between July 2017 and July 2018, with an average stay of four days. The income generated by these visits was used to assist Virgin Islanders in rebuilding after the catastrophic 2017 hurricane season that crippled the islands and accounted for more than $3.6 billion in damages.

The Government remains committed to increasing its rooms stock to accommodate overnight tourist visitors.

The Gallery

VALLEY TRUNK ESTATE RE-OPENS Following an extensive refurbishment, this winter the BVI and the global tourism market welcome the reopening of Virgin Gorda’s beautiful Valley Trunk Estate. The exclusive 19 acres of private tropical gardens and long white beach remain dotted with impressive granite boulders, hammocks and hiding places perfect for quiet reflection or children’s games.

This enviable family home which was built 40 years ago has been a labour of love for the family members and their partners. Growing up with precious Valley Trunk memories, the family was excited to share it and offer it as the BVI’s most elite private estate.

Stephen Johnson, Head Gardener, has tended to the grounds for many years and has evident pride in the old and new trees that he planted from seeds. Following Hurricane Irma, he salvaged many damaged plants with great care and attention. From the moment you enter the prestigious gates to the private driveway, it is quite obvious that every inch of the grounds have been carefully planned. A guided tour of the gardens is an educational, tranquil and inspirational experience.

The entire house has been refurbished and has an ‘outside in’ feel with wonderful huge windows, an abundance of plants, light, fresh colours and organic materials. All ten suites have hand crafted wood vanities, closets, cupboards and drawers which were made by a small family run business in Northern Italy. The suites each have private verandas overlooking the tropical gardens and stunning ocean views and come with their own space for work or reflection. All en-suite bathrooms ensure complete privacy with frosted windows, hand etched with delicate palm fronds designed especially for Valley Trunk.

The family searched many corners of the world including Japan, Kenya, Indonesia and Europe, they handpicked every wall and roof tile, every piece of the furniture and all furnishings including the best quality mattresses, bed linen and towels. The attention to detail is exquisite throughout, including the complimentary Parisian “Hermès” toiletries and perfume in each suite.

The sitting room, bar and games room are open plan and, along with the separate dining room, all look out over thriving, bright

27 pink Bougainvillea and views over the breath taking Sir Frances Drake Channel. The outside dining boasts the same views next to the newly retiled pool. The cinema room has an oversized sofa which comfortably seats all 20 guests.

The Bali House, located right next to the beach, was destroyed by Hurricane Irma but the family was determined to rebuild it as beautifully as it had been done 40 years ago. They searched for the original blue prints and saved any pieces of wood that they could, while ordering every other piece from Bali to be shipped and re-built entirely. Once again guests can enjoy this truly idyllic place in solitude or for meals and enjoyment.

Valley Trunk Beach, named after the indigenous Trunkback Turtles, borders the entire estate and is as private as it gets. The soft white sand and boulders are home to crystal blue water with guests enjoying snorkelling right off the beach. Night time bonfires under the stars have become a favoured tradition on the sand.

Holistic spa treatments are available anywhere in the grounds or in the privacy of the guests’ suites. There is also a sauna, steam room and newly resurfaced, floodlit tennis court.

Any property is only as good as the staff. The estate is superbly managed by Chris Tilling and a small loyal team of chefs, housekeepers, waiters, gardeners and maintenance crew. Valley Trunk offers impeccable “invisible� service so that guests only ever see a member of staff when they need something, otherwise their time and privacy with friends or family is respected at all times and it becomes a home away from home. Nothing is too much trouble and as you have the entire private estate to yourself, your stay is truly tailored around all of your preferences.

Chris has lived in the BVI for over 30 years, his knowledge of the islands and long term relationship with the locals ensures seamless travel arrangements, the very best day trips by boat or helicopter, the ability to arrange for any activity or hire the most talented musicians and ensure that any time spent off the estate is as memorable as the time spent on it. Chris is always on hand to help organise any special event, be it a birthday party, a wedding or a New Year celebration, no request is too big or small! www.valleytrunk.com

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Valley Trunk Beach

The Gallery

To honour its unique and laid-back style, Bitter End has partnered with architecture and design firm Simplemente Madera, an organization that aligns with the owner’s focus on simple, elegant and organic designs that work in harmony with the natural environment. With this in mind, Bitter End’s remediation efforts have focused on upcycling as many materials as possible and mitigating the redevelopment’s impact on the natural environment; activities have included the recylcing of large volumes of concrete and timber debris, the restoration of nearly a mile of shoreline to its natural state, composting of organic waste and implementation of small-scale agriculture to support the on-site team.

BITTER END YACHT CLUB COMMENCES ITS REBUILDING The Bitter End Yacht Club is excited to announce that after more than 20 months of demolition and cleanup from Hurricane Irma related damage, including the removal of over 100 structures and remediation of more than 64 acres, the process of rebuilding Bitter End is now underway. Launched in 1969 as a remote island outpost that catered to visiting yachtsmen, Bitter End will soon revisit its origins as a rollicking, nautical village, while the owners plan to Bring Back Bitter End better than ever.

“We have a unique opportunity to return to our roots by welcoming back the sailing, yachting and watersports communities first,” said Richard Hokin, Managing Owner of Bitter End Yacht Club. “Bitter End launched in the 1960s as a hangout for adventurous sailors and has evolved over the last 50 years to become the world’s favorite playground for those who have a passion for playing in, on and around the water.”

Given Bitter End’s legacy, it is fitting that the marina village, the heart and soul of the property, will be the first element of the redevelopment following the devastation wrought by Hurricane Irma. During the 2019-2020 season, Bitter End will debut all new world-class marina facilities to include a two-story, open-air marina complex, featuring a lounge with expansive views of the North Sound and setting sun, enhanced amenities such as marina-wide WIFI, upgraded bathing facilities and hospitality offerings that will

make even the most sea-worn sailor feel right at home.

Venturing north from the marina, along Bitter End’s new and greatly enhanced beach, watersports enthusiasts will find the legendary watersports center, featuring an all new Club Fleet available to visiting boaters, Virgin Gorda villa guests, day visitors and locals. “Our tried & true fleets of Hobie Waves, Lasers, 420s, Sunfish, kayaks and stand-up paddleboards will be enhanced by new, cutting edge watersports toys that are sure to excite our community,” said Hokin.

Snorkel trips to nearby reefs, sailing, kiting and diving lessons, and a myriad of guided adventures led by Bitter End’s beloved watersports crew will continue to be part of the robust activities program.

Over the coming months, Bitter End will be offering a preview of what’s to come as they introduce exciting enhancements to the nautical village, including yacht management programs, a casual beachfront restaurant and bar, private event space and an epicurean market, offering everything you will need to provision for your adventure. Bitter End’s retail shop will feature its own collection of seaworthy goods, gear and apparel, alongside products from select partners in the resort, fashion and watersports space. Following on the heels of the marina and waterfront rebuild, the resort redevelopment will include a variety of unique accomodations and hospitality amenities.

While Bitter End has been closed since September of 2017, the owners and their crew have been focused on supporting the local community through numerous philanthropic projects. The Bitter End Foundation launched in September 2017 as the Bitter End Irma Relief Fund, responding to the catastrophic impact of Hurricanes Irma and Maria. With an outpouring of generosity from the Bitter End community, the foundation has raised over $1 million dollars to support the unique needs and wellbeing of seaside communities. The Hokin family and the Bitter End team are keenly focused on continuing these efforts well beyond the reopening of the yacht club, reinforcing their commitment to the local community and the stewardship of our oceans.

Bitter End has also been focused on staying in touch with friends from around the globe. During the closure, they launched a lifestyle brand, Bitter End Provisions. It’s not unusual to see the spirit of Bitter End at airports, yacht clubs and marinas around the world in the form of seaworthy goods, gear, accessories and apparel. In tandem with Bitter End Provisions, the company launched Provisions for Good, a program that donates $1 from every purchase to the Bitter End Foundation, the non-profit affiliate of the Bitter End family of companies.

“What we promise as we embark on this new chapter in Bitter End’s history is that the spirit of the place will remain; we will honor our legacy and continue to focus our efforts on what is truly important to our community – the spirit of adventure, exploration and stewardship of our seas.” said Lauren Hokin, founding family member. “Bitter End 2.0 will feel incredibly fresh and exciting, yet sweetly familiar at the same time.” www.beyc.com

31 TERRENCE B. LETTSOME INTERNATIONAL ADDS NEW LOUNGE Mrs. Lisa PennLettsome has been appointed Executive Director of International Business

The Government of the Virgin Islands Laundering and Countering Financing of Terrorism and information has announced that Mrs. Lisa Pennexchange.

Lettsome has been appointed Executive Director of International Business with Mrs. Penn-Lettsome is a lawyer with effect from October 1, 2019. over 25 years’ experience and has served in the public sector for over Mrs. Penn-Lettsome will serve as the Government’s chief technical and policy 11 years, several of these as Deputy Managing Director of the Financial advisor on international business and financial services. More specifically, her Services Commission, prior to a just concluded 13-year stint as Head of areas of responsibility will include: Regulation in a well-known international • coordinating BVIs responses to law firm. international initiatives; While welcoming and congratulating •coordinating and facilitating the the new Executive Director, Premier and development of product and Minister of Finance Honourable Andrew business development legislation; A. Fahie said, “We welcome Mrs. PennLettsome as part of our team under • facilitating corroboration between the Government of the Virgin Islands the Ministry of Finance and Premier’s Office. The expertise and experience (including BVI House Asia and BVI she brings to the table can only add London Office as appropriate), the value to the forward direction of the regulators and the private sector; industry and the wider diversification • Chief liaison officer between and strengthening of the Territory’s agencies involved in Anti-Money economy. It is a great pleasure that the

The Terrance B. Lettsome International Airport has introduced a world class Commercially Important Persons “CIP Lounge”. According to acting Managing Director, Clive Smith, renovations included a full facelift of the commercial area to accommodate important persons. Persons will be treated to a VIP experience and can indulge in amenities such as a conference room, well stocked bar and accommodations for up to 21 persons. The CIP Lounge will be open to both residents and visitors seeking a first-class experience, for an entrance fee. The lounge will re-open in the first quarter of 2020, offering a great addition to the tourism product in the BVI.

Public Service is able to attract such talent.”

Financial Secretary Mr. Glenroy Forbes and Acting Permanent Secretary in the Premier’s Office Mr. Kedrick Malone jointly congratulated Mrs. PennLettsome on her appointment and added that they are looking forward to working with her in the area of financial services.

The Government of the Virgin Islands has also publicly acknowledged the work done by Mr. Neil Smith who was the first holder of the post of Executive Director of International Business.

Premier Fahie added that the baton has now been passed and this paves the way for Mrs. Penn-Lettsome to continue to develop the position and ensure that it evolves and extends to further incorporate Government’s commitment to the management, development and regulation of the financial services industry.

The Gallery

BVI: A centre for dispute resolution, global business After decades as a leading international financial centre, the British Virgin Islands is now a centre for dispute resolution, according to BVI Arbitration Centre CEO Francois Lassalle, who spoke alongside Charlie Clayton-Payne, a partner in Harneys Hong Kong Office and a Banking and Finance team member. They spoke at a BVI House Asia roundtable luncheon last fall. “Companies seeking to deploy capital globally, have always been drawn to the BVI because of its robust commercial and regulatory infrastructure and, now, in addition to its reputable commercial Court, they have embraced its potential as the next major arbitration centre,” said Mr. Lassalle.

At the event, sponsored by the Hong Kong Chamber of Commerce, Mssrs. Lassalle and Clayton-Payne discussed the use of BVI entities to facilitate financial transactions in the Greater China and Asia-Pacific regions, they will also address the uniqueness of BVI as a seat for resolving international commercial disputes.

According to Mr. Clayton-Payne, “Over the past decade there has been a pronounced rise in the selection of arbitration as the preferred dispute resolution mechanism in contractual documentation in the Greater China and [the] Asia

Pacific region.” He added that to a large extent, arbitration is now the “default option in this part of the world. This trend is set to continue and the emergence of BVI as a major centre of arbitration is very exciting. It will give businesses that have long enjoyed the flexibility of using BVI corporate vehicles, the additional comfort of now being able to rely on BVI as a centre to resolve their disputes in the same flexible and efficient manner.”

Mr. Lassalle also pointed out that from Nov. 18 to 22, the Centre will play host to the 3rd BVI International Arbitration Conference, when nearly 100 speakers and delegates from dozens of countries will descend on the BVI to discuss some of the most important topics facing the industry and further cementing its role in the dispute resolution world.

“As an institution that is now actively administering and closing cases a mere three years after its founding, the BVI IAC has proved an extraordinary success in getting arbitration clauses in contracts in emerging markets,” said Mr. Lassalle. “Companies across the globe are looking to the BVI as one of the most hospitable, flexible and discreet jurisdictions for dispute resolution.” www.bviiac.org

Charlie Clayton-Payne Partner, Harneys

Charlie Clayton-Payne is a Partner in the Banking and Finance team in our Hong Kong office. He is an international finance specialist with a wealth of experience across industry sectors and geographies in the Asia Pacific region.

Francois Lassalle CEO, BVI International Arbitration Centre

As the Chief Executive Officer of BVI International Arbitration Centre, Mr. Francois Lassalle is responsible for the overall set-up, growth, management and operations of the institution.

33 THE BVI REEMERGES AS EVEN MORE OF A BILLIONAIRE’S PARADISE

By Keith Waldon

As Rosewood Little Dix Bay, the crown jewel of the British Virgin Islands reopens, the islands have a lot to celebrate as the luxury travel world will again prioritise the destination. Tourism numbers are way up, sailing berths are way up and many luxury properties are back and truly better than ever.

Along with the iconic Rosewood Little Dix Bay, Oil Nut Bay has emerged as a remarkable island destination for the elite, offering extraordinary private villas and an impressive resort infrastructure.

Necker Island continues to wow private groups of affluent travellers.

And other villa options throughout the BVI have also raised the bar on uber-luxury accommodations.

Even the previously more rustic properties like Guana Island have upped their luxury game and are ready for the increased attention from the travel community. And Anegada is not to be left behind with the introduction of glamping to the islands by Anegada Beach Club.

What hasn’t changed is the exclusivity of the destination and the lack of big-chain hotel development. That lack of oversize development and the preservation of natural beauty is what makes this a preferred destination and second home for billionaires worldwide. And having that kind of cash is handy because the air lift to get to the islands is still a challenge for those who don’t have a private jet. For many travellers, committing to a journey to the BVI means 2-3 flights each way and often two full days of travel. For Europeans planning to stay for two to three weeks, that inconvenience isn’t so bad. For Americans wanting to get away for a week or so, the travel time requirement can be a challenge. So hopefully the islands can use this new spotlight shining on the newly reopening jewels to improve their limited air lift into the destination.

The cruise lines are starting to be more visible in the BVI and this will need to be managed very carefully. The small luxury yacht-like cruise ships are a good option for visiting the islands and maintaining the alluring balance of bliss for all sectors. Beyond the smaller boutique cruise ships, the number of sailing berths available in the islands is at an all-time high, with many crewed and bareboat options, for those wanting an exceptional sailing or motored yacht experience at a variety of price points. For the true ballers, many of the larger luxury yachts that moved to the Bahamas after the hurricane strikes have now returned to the BVI. So for those loving to be on the water in one of the most beautiful parts of the world, the options are infinite.

Once you’re in the BVI, you don’t need to worry about getting bored, unless that’s what you’re wanting. The ferry system makes island hopping easy, and many great restaurants and bars are thriving as the culinary scene continues to evolve and impress. After all, where the billionaire goes, so do talented chefs. New recreational options are popping up too, from transparent kayaks to fun modes of personal transportation.

Moments of great opportunity, like the months ahead for the BVI, must be managed carefully to take advantage of opportunity without negatively impacting what is one of the most pristine destinations in the world. Haven’t been to the BVIs recently? 2020 is the time to go to see this jewel at its best. www.departurelounge.com

The Gallery

LAMBERT BAY RESORT REBRANDS AS THE WYNDHAM AT LAMBERT BAY Lambert Bay Resort has been a staple in the BVI hotel industry for 33 years and as with all growth, the property has dealt with the necessary adversity to propel it into the next leg of its legacy. After the death of the original owner, a failed property sale and the devastation of Hurricane Irma, Lambert Bay Resort is now reopened and welcoming guests as The Wyndham at Lambert Bay.

Over the past 3 years The Elizabeth Beach Company, the management group of Lambert Bay, has been increasingly busy. In August 2016, following the signing of the franchise agreement with The Wyndham Group, Lambert Bay closed to begin the refurbishment process to bring the hotel to the requisite standards.

Nearing the proposed reopening date of October 2017, the property was damaged by Hurricane Irma on September 6, 2017, causing extensive damage to the hotel rooms and common areas. In October 2018, after months of clean up and securing salvageable structures, reconstruction began at full steam, with the final insurance policy payout.

On November 1, 2019 - The Wyndham at Lambert Bay opened softly with its new Italian themed restaurant and 33 available rooms.

What was initially a one-year refurbishment project, quickly turned into a three-year process that has resulted in a one-of-a-kind resort experience on Tortola. With the additional time, the management company enhanced the property by extending the original pool deck, adding a new swim-up bar and implemented the use of galvanise roofing and hurricane proof windows, that now extend the longevity of the property.

New and seasoned guests are welcome to rediscover Lambert Beach, to dine at the Italian inspired restaurant and to refresh, refocus and rejuvenate in the comfort of its luxurious King Bedrooms. The low-density property positioned far from the main road, boasts 38 rooms over 6.5 acres of lush land and provides access to a

35 THE RESORT AT A GLANCE private beach which is known to be prime viewing for turtle nesting.

Management at Lambert Bay Resort believes that their guests will be most impressed with the attention to detail instilled in every aspect of the property. Beginning with the lavish landscaping on arrival, to the Italian designed furniture in each room, the fine dining at the main restaurant and the new beachfront gym and spa offering indoor and outdoor treatments.

The completion of the refurbishment of the hotel is just Phase One of what the management company has planned for the property and surrounding lands. In the next seven to ten years additional development will begin in two phases; Phase Two - the refurbishment of the surrounding condos, including 11 new Condo Buildings, totaling 60 Units and Phase Three - the construction of villas for purchase, each on a 0.7 to 0.8-acre lot size.

The future development provides excellent real estate investment opportunities for locals, beginning with the Condo Units that start at 210k. Each unit includes All-Inclusive Amenities and will be refurbished to Wyndham standards upon purchase and entry into a refurbishment agreement. The condo units will rent for 48 weeks of the year, providing 4 weeks for Owner Use and a net revenue split of 60% Owner, 40% Hotel. The estimated ROI is 7-8%.

Number of Rooms: 38

Prime Spot For:

Room Types: 36 King Size Standard & 2 King Sized Suites; Beachfront of Garden Facing

Beachfront Weddings

Amenities: Largest Fresh Water Pool in the BVI with an expanded Pool Deck and Swim-Up Bar, State of the Art Clubhouse that seats up to 120, inclusive of Audio/Visual Equipment, the Amara Beachfront Spa & Gym with Indoor/Outdoor Treatments, Two Italian Restaurants and Tennis Court (available Jan 2020).

Restaurants: Turtles Restaurant Cabana Dining & Pelican Pool Bar Both offering Italian food.

Watching Turtle Nesting (Turtles have nested here for 33 years) Watching Pelican Diving Rates: $150/night + (10% Service & 10% Government Tax) - Peak Season Begins Dec 21st - Changes per location of the room Residents Discount Available The standard of the property is the full responsibility of The Elizabeth Beach Company.

Highly Recommended:

Condo Show Unit Available For Viewing January 2020

Prosciutto-Wrapped Shrimp | Red Snapper | Grilled Octopus | Lobster Ravioli

For information contact lambertbeach.com or dial +1284 346-2877.

The Gallery

WITH THE 3RD BIENNIAL BVI INTERNATIONAL ARBITRATION CONFERENCE, ARBITRATION COMES OF AGE IN THE BVI Arbitration in the BVI came of age in November, with 100-plus speakers and delegates from around the world. Convened by Business BVI and hosted by the BVI International Arbitration Centre from November 19 to 22 for four full days of panels, workshops and networking events under the banner of “Arbitration 2.0.”

“The 3rd BVI International Arbitration Conference was a tremendous success,” said Centre CEO Francois Lassalle. “There was a lot of pressure to get it right this year and we delivered. In fact, many delegates told me it was the best networking opportunity they have had in one of such events.”

The conference was notable in numerous ways, both by being the territory’s first arbitration conference since Hurricane Irma and showcasing the recovery to international delegates, and by the diversity of its panelists.

More than half of its world-class workshops and panels were made up of women arbitrators in the Caribbean, Latin America, Asia and Europe, demonstrating that the Centre is taking bold steps to promote diversity in arbitration at a time when the issue has taken on an increased urgency worldwide.

“For decades, international arbitration has been a closed community, seen as a sort of “pale, male and stale” western gentlemen’s private club,” said Mr. Lassalle. “However, in recent years, prominent cases have illustrated that diversity in international arbitration is not only important, it is essential to the legitimacy and impartiality of the process. Our panelists were not only diverse, they are at the forefront of their fields and subject matters, which include everything from ethics in arbitration to globalism or cybersecurity.”

In his keynote address, Patrick Pearsall, a partner at Jenner & Block and the former US Chief of Investment Arbitration, discussed the “Arbitration 2.0” theme. In tech circles, he said, the 2.0 designation is meant to signify “something new, something altered, something different...a revision, an update, a refresh.” In that way, the conference, demonstrating how arbitration has “come of age,” offers a “very hopeful vision” for the future.

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Highlights The week continued with frank discussions, panels and workshops on the most pressing topics in international arbitration (see sidebar for complete programme). Tuesday featured a first ever workshop on contracts and dispute resolution in the construction industry, with some of the world’s foremost experts. A timely discussion post Hurricane Irma.

“It felt important for us to host such a training. Obviously, off the back of Irma, there has been a lot of construction and development work in the BVI. Understanding how to properly draft or read construction contracts before signing them has become critical in the territory, particularly in the event of disputes” Mr. Lassalle said.

Later on the Tuesday, Wendy Miles, QC, partner at London-based Debevoise & Plimpton made a massive impact on the audience when she delivered the 3rd Dr. J.S. Archibald, QC Memorial Lecture, entitled BVI: A Frontline Focus for Resolving Future Climate Change Related Disputes,” making a passionate appeal for the BVI, as a small island nation, to take the lead on climate change.

“I invite you to find other new ways in continuing to support the territory and region as a whole in promoting understanding of and resolving disputes arising out of climate change, because climate-change-related disputes are coming, and in every conceivable leg of the legal system,” she said.

On Wednesday, the Centre teamed up with ArbitralWomen to host an open workshop: “What does the term “diversity” mean in different parts of the world and how can we achieve it?

Speakers included some of the leading lights in international arbitration, including Ms. Miles, Hagit Muriel Elul of Hughes Hubbard and Reed, Caribbean arbitrator Shan Greer, and Rose Rameau, managing partner of Washington, DC-based Rameau Law Firm, speaking about challenges they faced in their careers, such as when Ms. Rameau quit her firm after being passed over for a promotion in favour of a man.

“I think the way women succeed is by behaving like women,” added Ms. Miles.

Thursday saw what Mr. Lassalle called “a really fun conversation with quite a spectacular format,” with nine speakers from around the Caribbean sharing in “a very lively discussion about strategies to engage about arbitration with the Bar in the Caribbean.”

Thursday’s keynote address took place on a starlit beach at Quito’s Gazebo in Cane Garden Bay, among a lively BVI cultural atmosphere that included local rum cocktails, johnnycakes and moko jumbies. The conference wrapped up on Friday with a flotilla of boats from The Moorings heading out on the sparkling, calm waters for lunch on Norman Island, said to be the inspiration for R.L. Stevenson’s “Treasure Island,” reminding participants BVI is a hub for pleasure as well as business.

Praise for Arbitration 2.0 João Vilhena Valério, BVI IAC registrar and cofounder of BeecheyArbitration, praised the “inspiring panels on the future of arbitration. [Delegates] agreed that expertise, integrity and human connection will continue to be key to sustainably address the challenges that lie ahead.”

“I thoroughly enjoyed the opportunity to speak...at the third BVI International Arbitration Conference hosted by the BVI International Arbitration Centre on a panel of Caribbean arbitration practitioners,” said Andrew Pullinger, a litigation partner at Campbells.

“Sometimes one has to step out of the island to see the island,” added Mr. Valerio. “However, this conference comes to show that one can come to the island to better see the island. And to better see and look forward to the future.”

CONFERENCE PROGRAMME

Thursday, November 21st

Tuesday, November 19th

Welcome Remarks: Russell Harrigan, Managing Editor of Business BVI and John Beechey, CBE, Chairman of the Board of Directors, BVI IAC

OPEN Workshop: Russian and CIS Arbitration Network (“RCAN”) The Enforcement of Awards in the BVI & Russia, Current Arbitration Trends in Russia/CIS and the Prague Rules Sponsored by Conyers and BVI IAC Speakers: Anton Asoskov, Tameka Davis, James Clanchy Open Seminar: A Conversation with Alain Choo Choy, QC Arbitration related enforcement and interim measures in the BVI – points of interest and recent developments Sponsored by Conyers and BVI IAC Construction Projects and Dispute Management Training

Session 1: International commercial arbitration in an era of retreating globalism Moderator: J. Michael McNutt Panel: Yasmine Lalhou, Shelby Grubbs, Akima Paul Lambert, Niccolò Landi Short Session 1: The role of the Tribunal Secretary / Institutional Arbitration vs. Ad Hoc Panel: João Vilhena Valério Session 2: Belt and Road disputes: a mountain to climb?

Moderator: Barry Leon Panel: Charles Rosenberg, Peter Ferrer, Karen Gough, Elise Donovan

Speakers: Dr. Christopher Malcolm, Karen Gough, & Christopher Graham

Session 3: Cybersecurity, Blockchain & Fintech in Arbitration

Open Lecture: 3rd Dr. J. S. Archibald, Q.C. Memorial Lecture

Panel : Katharine Menendez de la Cuesta, Hagit Muriel Elul, Sophie Nappert, Dr. Peter Maynard

BVI: A Frontline Focus for Resolving Future Climate Change Related Disputes

Moderator: João Vilhena Valério

Short Session 2: Anti-arbitration Injunctions

Speaker: Wendy Miles, QC

Panel: William Buck

Wednesday, November 20th

Session 4: Spotlight on the Americas: Developments Affecting the Hemisphere

BVI Arbitration Group Seminar Panel 1: “What parties look for in their arbitration seat” Dr. Benoit Le Bars, Ioannis Alexopoulos, Jeremy Andrews

Moderator : Katharine Menendez de la Cuesta Panel: Clifford Hendel, Calvin Hamilton, John Rooney, Murray Smith

Panel 2: “How does the BVI meet parties’ needs?”

BVI Cultural Evening/Dinner

Justice Adrian Jack QC, Michael Fay QC, Dancia Penn OBE QC, Jonathan Addo

Friday, November 22nd

Open Roundtable Discussion: Strategies for Engaging the Caribbean Commercial Bar in Arbitration

Panel: Wendy Miles, QC, Christina Beharry, Nicola Peart, Mark Baker

OPEN Workshop: ArbitralWomen Seminar on Diversity.

What does the term “diversity” mean in different parts of the world and how can we achieve it?

Keynote Address: Patrick Pearsall Session 5: Potential New Class of Claims in Arbitration

Short Session 3: Economics of an Arbitration Dr. Laura T.W. Olive Session 6: Ethics in International Arbitration?

Moderator: Dr. Christof Siefarth

Speakers: Hagit Muriel Elul, Shan Greer, Wendy Miles, QC, Rose Rameau

Panel: Rose Rameau, Arabella Di Iorio, Apoorva J. Patel, Dr. Chris Malcolm

Moderator: Francois Lassalle

Sailing & lunch on Norman Island

The Gallery

Ricardo Wheatley New Director, BVI House Asia Dr. Ricardo Wheatley has been confirmed

by Premier and Minister of Finance, Honourable Andrew A. Fahie, to the post of Director of BVI House Asia, the Virgin Islands Government’s representative office Hong Kong. Dr. Wheatley assumed office 1st January 2020.

Dr. Wheatley will succeed present Director, Mrs. Sherri Ortiz, as her tenure came to a close in 2019. Dr. Wheatley brings a wealth of knowledge and international experience to the post having lived and worked in the Asia-Pacific region for 4 years in addition to living and working in both the United States and Europe. Within the region he has served as an Assistant Professor in the Department of Political Science and Sociology, at North South University in Dhaka, Bangladesh from 2014 - 2015. He also served as an Assistant Professor in the Graduate School of International Studies at Ajou University in Suwon, South Korea from 2011 - 2013.

In preparation for the Directorship, Dr. Wheatley has undertaken orientations at both BVI Finance, under the Directorship of CEO Elise Donovan, and BVI House Asia under Director Sherri Ortiz. Dr. Wheatley will serve dually as the Director of the Hong Kong Office and Asia-Pacific Region Representative. He will act as the BVI Government’s official spokesperson in the region, strengthening relationships between the BVI and region through meetings with Government representatives, businesses, regulators, chambers, media and other key stakeholders.

Dr. Wheatley will assume responsibility for the management of the daily functions of the Hong Kong Office, establishing and

executing an annual programme of activities consistent with the objectives of the International Affairs Secretariat and international business development goals of the Premier’s Office. He will be responsible for developing and implementing strategic and business development plans for the BVI’s engagement with the Asia Pacific Region, and for advising the Premier through the Permanent Secretary on matters of implementation regarding concerned ministries, International Agencies, the private sector, and other agencies as appropriate. The Director’s responsibilities further include undertaking marketing and business development activities to promote the Financial Services Industry in partnership with BVI Finance.

Dr. Wheatley holds a Doctoral degree in Political Science from Clark Atlanta University (Atlanta, Georgia, USA) with specialisations in International Relations and International Political Economy. He also holds both a Masters of Public Administration in Economics and Governance (Regulation of Small IFCs) from Leiden University (The Hague, Netherlands), and a Masters of Political Science from Clark Atlanta University with specialisations in Comparative Politics and African Politics. Dr. Wheatley received his Bachelors of Arts in History from Oakwood College (Alabama, USA). Prior to his time in Asia Dr. Wheatley served as an Adjunct Lecturer in the USA (Clark Atlanta University, 2008 - 2010), and Sessional Tutor in the United Kingdom (On campus London, University London Birbeck College Campus, 2018-2019) BVI House Asia was established by the Virgin Islands Government in September 2013 to conduct diplomatic and business promotional activities in the interest of the BVI as a jurisdiction. BVI House Asia is responsive in real time, answering any questions about the use of BVI structures and economic business opportunities. The office is committed to expanding, strengthening and deepening the BVI’s footprint in Asia with a focus on the Financial Services industry. www.bvihouseasia.com.hk

Events Full Moon Parties Monthly. Come for the Full Moon activities and parties. Trellis Bay hosts a dinner buffet, Mocko Jumbies, live music & Foxy’s serves up their world famous BBQ with live music and more. www.bvitourism.com/fullmoon-parties

BVI Spring Regtta March. A week-long racing adventure in the stunning islands of the British Virgin Islands www.bvispringregatta.org

Easter Sunday Horse Races April. A day of fun and entertainment at the races!

Territory Day June. commemoration of the day on which BVI gained selfgoverning status within the limits of still being a British colonial possession.

MARCH

2 H. Lavity Soutt’s Birthday 9 Commonwealth Day 9 Trellis Bay Full Moon Party 21 Tedx Road Town 30 - Apr 5 BVI Spring Regtta

APRIL 7 10 10 11

Trellis Bay Full Moon Party Jesus Party Boat Ride Good Friday Spanish Town Fisherman’s Jamboree 11-13 Virgin Gorda Easter Festival 12 Easter Sunday Horse Races 13 Easter Monday 13 Virgin Gorda Easter Festival Parade 18 Tortola Torture Ultra-Marathon

MAY

5 Foxy’s Cinco de Mayo 7 Trellis Bay Full Moon Party 24 Leverick Bay Poker Run 29-31 Caribbean Posh Girl Power Brunch 30 Junior Minister of Tourism Competition

JUNE 1 5 5 12 29

Whit Monday Trellis Bay Full Moon Party VISAR Swim & SUP Queen’s Birthday Territory Day

Business

GLOBAL BUSINESS | BVI BUSINESS | ENTREPRENEURSHIP

IS THE BLUE ECONOMY THE FOUNDATION FOR OUR NEXT ECONOMIC LEAP FORWARD?

By DR. KEDRICK PICKERING

T

he World Bank probably gives the most simple definition of the term “Blue Economy.”

It is a term in economics relating to the exploitation and preservation of the marine environment. We have been led to believe that preservation of the environment is the sport of the wealthy or the responsibility of governments. This is not true. Preservation of the environment is everyone’s business.

Gunter Pauli is widely acknowledged as one of the pioneers of the concept of the blue economy. He believes that the blue economy “is not tailored to the large corporations which have an established business model that will be hard to change. The blue economy rather, inspires the young and entrepreneurial minds and offers a broad platform of innovative ideas that have been implemented somewhere in the world to demonstrate that the future is bright, provided we can go beyond the known and the obvious.”

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We have to imagine an economy that “encourages new generations to greater success than their parents achieved, greater even then their parents could imagine� in the words of Gunter Pauli.

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GLOBAL BUSINESS

While 60% of the human body is water, 70% of the earth’s surface is comprised of oceans and seas. Earth, by any definition is a blue planet. The Organization for Economic Corporation and Development, (OECD) noted in the year 2010 that the size of the global blue economy hit USD 1.5 trillion in value added or approximately 2.5% of world’s gross value added (GVA).

With a gross marine product of at least USD 24 trillion, the blue economy today ranks as one of the world’s seven biggest economies. Industries emanating from the blue economy have contributed over thirteen million full-time jobs (around 1% of the global workforce with that percentage rising to about 1.5% for those actively employed). As this economy continues to emerge, there is a prevailing thought that the terminology SIDS (Small Island Developing States) should be discontinued and substituted with the terminology “large ocean states”. Let us consider the British Virgin Islands as a case in point.

The BVI is a mere 154 square miles but it has a 200 mile exclusive fishing zone which has a marine environment of over 2000 km²! There has been much discussion about the exclusive economic zone for the British Virgin Islands, but this is a highly technical issue and there is ongoing work between the Government of the United Kingdom and the Government of the Virgin Islands to try to finally conclude the overall delineation of what exactly constitutes this exclusive economic zone.

The British Virgin Islands in some form or fashion has probably always had a blue economy. In more historical times, that economy was tied to trade and fishing both of which required boats. Boat building emerged and with the aforementioned economic activities played a vital role in sustaining the livelihood of the citizens of these islands. The Virgin Islands Sloop is well known, regionally as a product of that era and a testament to the skills of BVIslanders in boat building. The Virgin Islands Sloop took us in pursuit of our trade, as far as Cuba and the Dominican Republic. Fishing, of course, was and remains an important part of the livelihood of the inhabitants of these islands.

Despite the hard work done by successive governments to develop commercial fishing, it remains very much in our reach

though it shies away from our grasp. The Soares from their family home on Anegada have, perhaps, been the most successful in this venture. However, there is tremendous promise for the future development of commercial fishing in this blue economy.

Recently a study was financed by OCTA through the EU that looked at the potential development of this sub-sector.

It is still very much a work in progress but we believe that with serious initiative we can make great strides in turning fishing, commercial fishing, into the third pillar of the economy. The good news is that the natural resource exists and it is waiting to be untapped!

To unlock the tremendous dormant opportunities of the blue economy in the British Virgin Islands, we need to first understand the asset we have and its value.

When we scale that hurdle, we will, justly, feel a sense of pride and ownership and we would understand why the preservation of the natural environment is critical. It was not long after leaving office that the immediate past President of the United States paid us a visit here in the British Virgin Islands. He came to enjoy our environment, to visit our remote islands and cays, to swim, snorkel, kite surf. This spoke volumes.

The waters around BVI which are believed to be some of the best for sailing in the world, are also home to some famous wrecks. The RMS Rhone and the US World war II ship, The Kodak Queen among them. This increases the value of the ocean to the establishment of the blue economy in the British Virgin Islands because it positively supports our tourism product. The Inter-Airline regatta, an annual event hosted by the Moorings, is an internationally famous event and now hosts

airline staff and personalities from around the globe. The BVI Spring Regatta is already a household phrase in the international boating community. These, and other well established events add to the reality of how valuable the ocean and the entire marine environment are to the economy of the British Virgin Islands.

Several years ago, the Ministry of Natural Resources and Labour in association with the Wolfs Institute and the University of Amsterdam did a study which evaluated the value of the environment to the tourism industry in the British Virgin Islands. The study concluded, amongst other things, that the environment as a direct entity, contributes over US$200 million to the economy of the British Virgin Islands annually. This further enhances the idea that in the context of the British Virgin Islands, where the tourism product is largely based on the marine environment, that it is vitally important, that we protect and preserve both the terrestrial and the marine aspects of the environment. That protection and preservation are everybody’s business and not just the government’s In 1962, Professor Carlene O’Loughlin from the Institute of Social and Economic Research (ISER) at the University of the West Indies in Mona Jamaica, was seconded to do a study on the future economic potential for these islands. Amongst the recommendations of that study was that the British Virgin Islands possessed the potential for the development of a sustainable tourism industry. She specifically pointed out that in our beaches we had a natural product that was incomparable in terms of its serene beauty and diversity, and which was able to develop and sustain that industry. The previously mentioned study done by the Wolfs Institute had a similar conclusion with respect to our beaches. It is no secret that the bulk of tourism income in the British Virgin Islands is generated by yacht chartering which is considered the fuel for tourism in the destination.

A sustainable yachting industry is one of the fundamental value added components of a blue economy in the British Virgin Islands. The pristine marine environment, sandy beaches, scuba diving, snorkelling and the development of marina infrastructure on all the major, and some

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of the smaller islands, have contributed to the vital tourism infrastructure and to the growth of the industry. In the British Virgin Islands it is often said,’ “Wither the environment, wither tourism.”

The BVI sailing sector took a big hit following the passage of the storms of 2017. An estimated 90% of all boats in the territory were either damaged or completely destroyed. The cleanup of the marine environment and the replenishment of the sailing stock were among the most urgent needs in terms of the recovery effort. The much talked about public/private collaborative partnership materialised in ways we could not expect and became one of the driving forces behind the tourism product being up and running and off its back in record time. The re-establishment of facilities on Cooper Island, Norman Island, Jost Van Dyke and Anegada created the first real opportunities for the yachts to sail again, and in so doing, putting winds behind BVI’s tourism. Oil Nut Bay in the North Sound, tweaked its business model to allow the yachts a destination in the North Sound as early as December of 2017.

Over the years, careful attention to the systems of moorings in the islands has helped to prevent major damage to the marine environment. The National Parks Trust, established in the 1960s, has provided a legislative framework for management and preservation. The BVI has over 30% of its nearshore environment under a national parks and protective areas management scheme which allows for greater preservation and development of a blue economy in the islands.

If you compare the British Virgin Islands in October 2019 to the same period in 2017, the difference is startling and the present natural beauty of the islands speaks volumes. We could never be ‘Nature’s Little Secrets’ if we did not have the beauty of the natural environment with which we are blessed. The return of the Inter-Airline yacht regatta in 2018 after the storms have allowed for the tourism industry to be back up and running in a sustainable way.

But it was the early announcement that the BVI Spring Regatta would proceed as planned in 2018 that alerted the world that BVI was truly open for business. In addition, the coveted business of mega yachts, super yacht regattas and their obvious benefits to the economy are real indicators of potential contributors to sustainable economic development in the arena of the blue economy. All of these events are made possible primarily due to the natural resource, the environment.

The future development of the marinas and amenities associated therewith, in addition to more moorings in strategic locations to prevent damage to the sea bed, protection of our important coral reefs and our fishing stocks,

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bodes well for the economy of the islands and our efforts at sustainable use of the resources.

British Virgin Islands tourism is largely based on the marine environment, that it is vitally important, that we protect and preserve both the terrestrial and the marine aspects of the environment.

But we must go further. Enhancement to the legislative framework is vital to moving forward, responsibly. The amendments to various pieces of legislation that would protect the environment but also make allowances for greater investment opportunities must be seen as a priority.

Government, supported by various international organizations, both public and private, must do all that lies in its power to protect the blue economy. New job opportunities will emerge from eco-facture instead of manu-facture according to Gunter Pauli, which in its own right will continually allow for sustainable development.

Let us focus on Anegada, the second largest island in the British Virgin Islands, as an example. Anegada is the only island in the group of coral formation. It is the most northerly of the islands and with its extensive reefs and the famous north drop, provides the greatest potential to further develop the blue economy.

The eco-system begs for protection and proper management and has the greatest potential for value added properties that would serve generations to come. The most notable areas of possibilities include fishing, agribusiness and renewable energy, with the additional significant contributions to food security and revenue generation. Careers, especially for the next generation, can result in dreams being fulfilled.

The development of renewable energy on Anegada is the real fuel and driving force for the blue economy. If that is to succeed, we must build a facility for the fishing industry to handle the catch we know will materialise. We are confident of the potential for the BVI fishing industry. It is in the provision of the energy, that is, clean energy (solar, wind or wave) that is cost effective and can be easily developed on Anegada, that would be the

GLOBAL BUSINESS

driving force for the blue economy to thrive. Using the relatively less expensive energy to produce water, whether from underground sources or from desalination, would also contribute to the development of an agri-business on the island. The further development can be the basis for food security in the entire British Virgin Islands and ultimately, it can be a major revenue generator.

Sustainable tourism on the island can contribute directly and indirectly to the blue economy, a major area of sustainability for these islands. Further development of the tourism product can take the form of ‘low impact, high output eco-fracture. This means paying keen attention to the fragile ecosystem and doing everything possible to protect it while reaping the benefits of the value added.

As it concerns the fine balance between offering more tourism structures and environmental protection, the development of a golf course utilising best means possible to protect the environment is also worth considering. Added to this is the unlimited potential of investment in the development of the sport fishing industry. Such a fishing industry is the paradigmatic example of a blue economy transforming ecosystems into economic systems.

The British Virgin Islands must build on its successes not rest on its laurels. Two of our signature resort properties, Little Dix Bay and Peter Island Resort have been around for decades and an overall analysis of their successes and failures should be used for the purposes of decision making for further development in the blue economy. Apart from the obvious contributions in the areas of employment, its additive value to the tourism product analysis reveals that the environments in these areas have largely remained intact. The beaches, sometimes referred to as “white gold, “have remained intact, attracting increasing numbers of visitors over the years and adding value to the BVI brand. More recently, Scrub Island has created additional value, against a background of fear. It came to life at a time when the idea was germinating in the early 2004 - 2007 era that the environment would be irreparably damaged and probably destroyed. To the contrary, it has been one of the greater recent additions to the economy of the islands, as it provides facilities to service the sport fishing community. The presence of Scrub Island, along with other Marinas in the territory, especially on the eastern end of Tortola, such as Hodges Creek Marina, provides a basis for expansion into the world of recreational and marine activities.

The possibilities for innovations utilizing nature’s assets create a vision of a bright future. The recent developments at Nanny Cay Marina and Deep Bay Marina Village at Oil Nut Bay are prime examples The further development of a blue economy in the British Virgin Islands will require creativity and inclusiveness by both public and private stakeholders in the areas of business, social affairs and the natural sciences. We need to create and dream of new ways of doing old things — big ideas that are practical and applicable to small societies dreaming and embracing what can be. We must believe in the maxim that good things come in small packages.

The British Virgin Islands must see itself as having an unlimited resource in our environment, especially the marine environment instead of a comparative and fruitless approach that we are small without natural resources.

The travel industry is one of the largest industries in the world, with more people traveling than ever before and it has been posited that tourism has the greatest potential to lift human beings out of poverty.

We must find ways to develop our resources by adding value to what we possess and to carve out a niche that allows us to meet benefits far beyond our own expectations.

A specific example of this is the potential to develop the East End/Fat Hog’s Bay Area, enhanced by the development in the Paraquita Bay and Brandywine Bay Beach areas. The development of the waterfront bypass road opens new arenas for the business and recreational activities.

Hotels and boutique shopping to feed the tourism industry, especially in the cruise tourism sector can only benefit budding entrepreneurs. The main beneficiaries of all this would of course be the local community and by extension the national economy.

Consideration should be given to the development of probably two high end resort properties that add value to the sustainable economy that we strive to build. The long discussed Beef Island development should be considered and albeit utilizing the best available environmental practices that would not only enhance the beauty of the area but also utilize the surrounding marine environment and its natural resources.

Throughout the wider Caribbean the use of waterfront properties, whether the beaches or marinas, have been used for economic sustainability in most of the islands. As our product continues to thrive, we must ensure that we are careful to guard in some some critical areas, so that we are not left behind in this highly competitive business.

As we consider this blue economy, human resources is also a critical piece. Hence, development of research facilities at the local college is also necessary to be able to further provide the resources that are necessary for the development of the blue economy. Being the consumer-oriented society that we are, vermiculture is an area of opportunity worth investigating and pursuing, as it provides a good cycle in which production, consumption and post consumption areas ,which can create benefits to the BVI. This would add credence to our commitment that we value our environment and are prepared to invest in protecting it, creating a sustainable future for the generations to come.We protect what we value and valuables usually have great potentials.The British Virgin Islands has limitless value in it’s environment.

We have to imagine an economy that “encourages new generations to greater success than their parents achieved, greater even then their parents could imagine”, in the words of Gunter Pauli. | BB

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BVI FINANCE SPread

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BVI FINANCE SPread

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MERGERS AND ACQUISITIONS IN THE BVI — STRUCTURING OPTIONS

By REBECCA JACK

W

ith over 400,000 active companies in the British Virgin Islands (BVI), estimated to hold US$1.5 trillion of assets, it is not surprising that BVI entities are frequently the subject of takeover transactions. The BVI’s flexible corporate laws offer a number of structuring options for acquiring the shares or assets of a BVI entity, many of which will be easily recognisable from most onshore jurisdictions. This article gives an overview of four potential structuring options for acquisitions: statutory mergers/ consolidations, tender offers and squeeze out, schemes and plans of arrangement and asset purchases.

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BVI BUSINESS

MERGERS OR CONSOLIDATIONS

TENDER OFFER AND SQUEEZE-OUT

Overview Mergers and consolidations both involve the target and the purchasing entity merging into one surviving single entity, held by the purchaser. A merger results in one of the constituent companies being the surviving entity, whereas a consolidation results in the target and the purchasing entity being consolidated into a new company.

Process To effect a merger or consolidation between two BVI entities, the board of each company must approve a written plan of merger or consolidation, which is circulated to all shareholders. There is a great deal of flexibility as to how the existing shares of the target can be treated upon the merger or consolidation, including the ability to exchange target shares for shares in the purchaser, for debt obligations or to cancel target shares in exchange for payment. Shares of the same class can be treated differently – allowing, for example, for certain key stakeholders’ or managers’ shares to be converted into shares in the purchasing or new entity, whilst other shares are exchanged for cash.

Subject to the constitutional documents of the companies, the plan must be approved by a simple majority (being over 50% of those issued shares represented at a general meeting or, if by written resolution, of the issued shares entitled to vote) of each class of shareholder entitled to vote.

A minimum of seven days’ notice must be given for any shareholder meeting (unless waived by 90% of the shareholders), subject to any longer notice period (or higher waiver threshold) set out in the company’s constitutional documents or, if listed, the rules of the relevant exchange.

Once approved, articles of merger or consolidation must be filed at the BVI Registrar for registration. The plan becomes effective when registered or at such later date as specified in the plan (which can be up to 30 days after approval).

Provided that it is permitted under the laws of the relevant jurisdiction, a BVI entity may merge or consolidate with or into an entity incorporated outside of the BVI. Where the surviving entity is based outside the BVI, the merger or consolidation will be effective as provided by the laws of that other jurisdiction. This flexibility allows for the redomiciliation of an entity as part of

Overview the takeover process, if so desired by the purchaser.

Dissent rights Where a takeover occurs through a merger or consolidation, shareholders who object to the merger or consolidation will be able to exercise dissent rights. This right is excluded in the case of a merger where the BVI target is the surviving entity, and the shareholder continues to hold the same or similar shares in that entity.

Compared to many jurisdictions, the dissent process is relatively quick and finite.

Upon giving formal notice of their intent to dissent, shareholders cease to have any rights, save for to be paid the fair value for their shares by the company. Importantly, provided that the requisite consent is obtained from shareholders stated above, dissenters will not be able to block the merger or consolidation, and will not hold onto their shares following the merger or consolidation coming into effect.

The fair value is to be agreed between the company and shareholder within a statutory time frame or, if no agreement can be reached, by jointly appointed appraisers. The obligation to pay the fair value, should this prove greater than the original offer, can be shared between the seller and the purchaser through indemnities or post-closing price adjustments.

There are no restrictions under BVI law on obtaining prior undertakings from shareholders to commit to a transaction, providing the purchaser with greater comfort that any required approval threshold can be met prior to announcement. Such undertakings can be irrevocable, or softer (e.g. falling away in the event of a more attractive bid), depending on the purchaser’s bargaining power, and could include an undertaking not to exercise dissent rights.

Advantages The low threshold for approval makes a merger or consolidation an attractive option for takeovers. The flexibility for treating shareholders differently is also beneficial in certain acquisition structures where certain shareholders wish to be retained and incentivised.

A tender offer is a contractual offer between the purchaser and some or all shareholders of a target to acquire the shares they hold. Where a purchaser manages to acquire 90% of the outstanding shares entitled to vote, subject to the constitutional documents of the BVI target, it can proceed to ‘squeeze-out’ the remaining minority.

Process The exact form of the tender offer contract, will often be driven by the number of shareholders involved. Shares will be transferred by stock transfer form or, where listed on a recognised exchange, by such permitted electronic means.

Once 90% of the outstanding shares or relevant class of shares have been obtained by the purchaser, the purchaser may direct the company to redeem the shares held by the remaining shareholders or class of shareholders. The company must comply with such direction, whether or not the remaining shares are, by their terms, redeemable and irrespective of whether the directors agree with this approach.

A BVI company is required to give written notice to each shareholder whose shares are to be redeemed, but the law does not specify any further requirements for the redemption (for instance, the minimum length of notice or the price at which shares are to be redeemed).

Dissent rights Where the squeeze-out procedure is used, shareholders are able to exercise dissent rights, as detailed above, but this will not delay the point at which control is transferred.

Advantages Whilst the high threshold may present difficulties in takeovers with a large number of shareholders, the flexibility in contractual terms means purchasers can tailor contractual deals for different participants. In addition, a flexible timetable means that, once the requisite 90% approval is met, complete control can be transferred quickly. In addition to undertakings from shareholders, stakebuilding and break fees may also provide further certainty to purchasers.

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SCHEMES AND PLANS OF ARRANGEMENT

ASSET SALE

Overview

Overview

Schemes of arrangement and plans of arrangement are both court-sanctioned procedures, which allow flexibility in their terms and structuring.

Process A scheme of arrangement requires the sanction of the BVI court and the approval of 75% of shareholders in both votes and number present and voting.

A plan of arrangement (which follows the Canadian model) also requires the sanction of the BVI court, but can be proposed to the court with only the prior approval of the directors (and not shareholders) of the BVI company. The court will then prescribe which persons the company is to notify and obtain consent. Given the court’s conservative stance, plans of arrangement are likely only feasible where all concerned parties (including shareholders) have approved the plan in advance, but where a court sign-off is desired to give legitimacy to any complicated structuring issues. Once approved, the scheme or plan of arrangement is binding on all members.

The requirement to obtain court approval can significantly lengthen the takeover process.

Depending on court availability, arrangements can take up to four months to complete.

A purchaser wishing to ‘cherry pick’ certain assets from the target, rather than assuming all assets and liabilities of the business (which would be the case under the above methods) will likely structure the acquisition as an asset sale.

Dissent rights

Process

Dissent rights detailed above only apply to a courtsanction arrangement if expressly permitted by the court.

Whilst the process for the transfer of each asset will depend on the nature of such asset, the sale would usually be governed by an overarching asset purchase agreement.

The governing law of such agreement may be BVI, but is likely to be determined in accordance with the location of the assets being transferred.

Advantages Hostile takeovers are rare in the BVI, but we would expect purchasers who do not have target backing to follow a scheme of arrangement, if the squeezeout threshold cannot be reached. Whilst court involvement increases costs, the court’s ability to restrict dissent rights provides additional certainty to the takeover process and the court’s sanction may give a welcome comfort in any deal where terms are particularly unusual or complex.

Under the BVI Business Companies Act 2004 (as amended), any disposal by a BVI company of more than 50% in value of its assets requires shareholder approval by a simple majority. This does not apply to any disposals made in the usual or regular course of the business of the company (which may be the case, for instance, for private equity funds or other entities in the business of buying and selling assets), and the obligation

for shareholder approval may be overridden by an express provision in the company’s constitutional documents.

Dissent rights Where a BVI company disposes of more than 50% in value of its assets outside the ordinary course of business, shareholders are entitled to dissent, save that no right arises, among other things, where the disposition is for money on terms that require all or substantially all of the net sale proceeds to be distributed to shareholders pro rata within a year of the sale. As above, the exercise of dissent rights will not prohibit or delay the transfer of assets.

Advantages An asset sale allows a purchaser to concentrate on the assets it wants, and not concern itself about the transfer of liabilities or assets which it does not.

An asset sale only requires shareholder approval in certain circumstances and, depending on the nature of the assets being transferred, can be carried out in relatively short order.

ROUND-UP COMMENTS The BVI’s laws offer a great deal of flexibility to purchasers and sellers. Many of the concepts listed above will be familiar to onshore lawyers and market participants, but have often been simplified in the BVI to ease procedures. The multiple methods provide a persuasive argument to groups looking to structure an acquisition with a BVI holding company. Where an acquisition is already contemplated and the laws of the current jurisdiction do not provide the flexibility afforded by the BVI, purchasers or sellers may be wise to consider inserting a BVI holding company to benefit from the flexibility and stability of BVI laws. | BB

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OBM

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Marvin Flax, Managing Director mflax@obmi.com 284.494.2148 obmi.com

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BVI: A FRONTLINE FOCUS FOR RESOLVING FUTURE CLIMATE CHANGE RELATED DISPUTES THE THIRD DR. J. S. ARCHIBALD, Q.C. MEMORIAL LECTURE ON ARBITRATION BY WENDY MILES, QC, PARTNER AT LONDON-BASED DEBEVOISE & PLIMPTON DELIVERED AT THE THIRD BVI INTERNATIONAL ARBITRATION CONFERENCE, NOVEMBER 18, 2019

I’m gonna speak to the crowd I’m gonna teach peace to the conquered I’m gonna teach the proud.

Bob Dylan penned those words almost 20 years ago, in ‘Lonesome Day Blues’ (a song from his Love and Theft album released on 9/11/2001). More than 2000 years earlier, Virgil penned the original version as Aeneas’ father, from the underworld, instructed his son on how to rule the Roman Empire:

… yours will be the rulership of nations Remember, Roman, these will be your arts; To teach the ways of peace to those you conquer, To spare defeated peoples, tame the proud.

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n December 2015, more than 190 states acknowledged by entering into the Paris Agreement that we must decarbonise our systems of energy, industry, land use and infrastructure and transport.

The carbon-driven industrial era is at an end; it must give way to a new, decarbonised future. The unlikely army that led to its demise is the scientific community. But make no mistake: the carbon age has been conquered and a low carbon future needs to forge its way forward and prosper.

For the duration of my professional career, my clients, peers and I have worked in and benefited from a carbondriven industrial era and the progress it has heralded. Our success, our comforts, our rewards – be they our health, remuneration, holidays, houses, cars or pension plans – all have been borne from that. It is a system that we know and understand, are experts in and are masters at preserving, including through our most sacred rule of law. We are all proud of our mastery of that system, our knowledge and understanding of it and our success as a consequence of it. That is so very hard to let go.

In practical terms, decarbonisation simply means producing less carbon and finding ways to remove any that we continue to produce. At the same time, our contemporaneous sustainable development goals for humankind require that we produce more energy for an ever-growing population of ever-increasing prosperity.

There are many pathways to achieving these dual objectives; none is necessarily easy or straightforward because each requires us to change the only way we have known things to be. It is a new and a different future.

Where feasible we must shift electricity production to renewables, shift transportation to electric (i.e., EVs), develop new lower carbon energy sources for high abating industries such as hydrogen and biofuels, increase carbon capture and storage and use, improve energy efficiency and expand nature based solutions in the form of forests and other carbon sinks. It also means making fundamental changes to how we use land, produce food, build and live in our homes, offices, hospitals and schools.

This is indeed a global transition of epic proportion. In that respect, it is not without parallel in the founding of Rome. Transition is our odyssey.

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The scientific imperative for transition to a low carbon future is no longer in dispute. States have confirmed this in public international law instruments, most recently in the 2015 Paris Agreement.

States are actively implementing these international commitments under Paris into NDCs, national law, policy and regulatory frameworks. Investors and other non-state actors are monitoring, analysing and seeking to act in anticipation of and compliance with applicable national legal frameworks, divesting where benefits are removed and investing where they are introduced.

The devil, as always, is in the detail: how fast, how far and, just, how will transition occur?

The answer is much faster and much further than it is occurring now.

And that is the challenge facing all those who benefit from the existing system: we seem incapable of making the decisions and taking the steps that we know must be taken to avoid an existentialist crisis. So how do we move forward?

Consider again Anchises’ words to his son: learn to teach the proud.

Pride stems from the past – what we have achieved before to become what we are now. Our pride is built from what we believe to define us, or define our success.

If individuals, communities, cities, states,

corporations, believe that what they are now is under threat of destruction, they will resist and fight back. We see that every day in the global response to climate change. We see a reluctance to press on with transition, which might associate with pride.

So how to teach the proud? How to persuade one with certain beliefs or a sense of being that s/he must accept a new way? The answer has to be to ‘speak to the crowd’. To engage all stakeholders in order to persuade them that the only way forward is through universal global action.

And in order to promote and stimulate that universal global action, we need to be able to work together, cooperate and leave behind apportionment of blame, criticism and attempts to discredit or silence any voices we don’t like, understand or agree with. We need together to move forward and forge the future.

In the years in which I have been involved in climate change issues, it has struck me how few members of our international law community are fully informed and engaged. For curious and clever people, I find that unusual. There are the environmental and human rights law activists, who dedicate their careers to protecting the earth and its inhabitants.

They strive to promote those objectives in the context of climate change impacts.

But they are a relatively small, if not fringe, segment of our legal community.

I am much more interested in why lawyers like myself are not more engaged.

The lawyers who represent corporates in respect of their global investments.

The lawyers who assist those clients to manage, protect, de-risk, preserve and, where necessary, recover interests and investments, or damages to compensate for their loss. Or the states on the other side of those investments, as the case may be. As international commercial dispute resolution lawyers, our role is broader than acting as mere recovery vessels for distressed debt and assets. Our role is to assist clients to manage global investment risk, using legal tools to assist clients to strategise, protect interests and investments and even enhance value.

As trusted counsel to our international investment clients – be they banks, funds, insurers, OEMs, infrastructure companies or natural resource or energy companies – we are actors in the transition to a low carbon future. As lawyers, our role is absolutely central: transition to a low carbon future is all about the law.

The global community’s commitment to transition was borne of a public international law framework, is being implemented through national regulatory frameworks, and will be facilitated through enforcement of private commercial contracts and, to some extent, bilateral and multilateral investment treaties. The law governs transition; and role of dispute resolution is to implement the law. We are

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not mere bystanders in this exercise: we are at its very heart.

Secondly, transition risk: this is the cost of transition policy and regulatory change.

Mark Carney, the Governor of the Bank of England, characterises the magnitude of transition as follows:

Transition risk is something that international investment arbitration lawyers understand well. For examples, emerging market governments tout their ‘emergence’ as a transition investment opportunity. They attract investors by implementing various benefits, subsidies and incentives, either through tax breaks or fixed feed in tariffs or similar. Emerging markets further seek to de-risk investor positions by putting in place favourable investment conditions. These often include through international instruments such as the New York Convention and ICSID Convention, bilateral and multilateral investment treaties, but also through a robust judiciary with proper deference to arbitration, a transparent and legitimate tax body, a sound financial system that enables free movement of capital and ready repatriation of funds.

“Changes in climate policies, technologies and physical risks in the transition to a net zero world will prompt reassessments of the value of virtually every asset. The financial system will reward companies that adjust and punish those who don’t.”

Back in 2015, immediately prior to the Paris Agreement, Carney isolated three buckets of climate related risk for the insurance and financial markets: physical risk, transitional risk and liability risk.

All have legal elements, some are almost entirely legal.

First, physical risk: it is the cost of the effects of climate change. These include loss of buildings and infrastructure to weather related effects, such as hurricanes, floods, wildfires, or sea level rise, to name a few. Basically where physical structures are no longer fit for purpose because of environmental effects of climate. An example of how great an impact physical risk can have is the Californian power utility company that went into bankruptcy when wildfires destroyed its wiring and infrastructure, and led to catastrophic collateral damage to homes and broader community infrastructure.

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Transition to a low carbon future will track many of the same patterns: states will endeavour to put in place the market mechanisms and incentives that are required to prompt investment in low carbon projects and transition away from high carbon emitting activities. It is important to recognise that here we are talking about net carbon: some industries will continue to emit high carbon for some time – aviation is an obvious example – but its net effect can be mitigated by improved efficiency and nature based solutions.

I think of transition as a whole as an emerging market. More than ever, our commercial clients need our legal advice as to how transition policies and regulatory frameworks might affect them, in terms of protection from expropriation but also protection from or at least risk management of changes that might affect value.

Thirdly is liability risk: that is all legal.

Carney identifies liability risk as litigation risk – the threat of lawsuit for climate related past or future harm. But it is not limited to the civil tort litigation we see mushrooming in the US at present against states and private entities, sounding in nuisance, negligence, product liability or similar. It extends also to reporting and disclosure risk and associated shareholder claims.

Carney has been a great advocate of improved disclosure and reporting of climate risk by private entities, in order that their investors may make fully informed decisions as to the carbon footprint of their portfolios. It is only through a robust reporting system that transition investment is possible. Carney is pressing hard for mandatory disclosure and the EU and UK have already signalled their intent to move toward that. Carney says: It’s time for every country to get involved because the world won’t get to net zero if the financial sector doesn’t know how our companies are responding. In order to watch we must be able to see.

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Until every country gets involved, the financial sector is taking responsibility upon itself; current supporters for Climate-related Financial Disclosure through the now voluntary TCFD control balance sheets totalling $120 trillion, including the world’s top banks, asset managers, pension funds, insurers, credit rating agencies, accounting firms and shareholder advisory services.

One may well ask where are the international lawyers? Or indeed any lawyers?

Climate-related financial disclosure, if not taken seriously, opens up a whole new front of litigation risk in the form of securities fraud claims or negligence. And with the stakes as high as they are, we should expect the courts – and claimants – to take these claims seriously.

What does this mean for the BVI international arbitration centre?

It means an opportunity. You will appreciate by now that I am a fan of Mark Carney. He has taken his role as central bank leader and regulator of the fourth largest insurance market in the world, and made transition his issue. He has owned it, given it a voice and legitimacy in the financial markets and forced – and continues to force – action. He has become, and he has caused the Bank of England to become, a climate leader.

Now one of the things he spoke of in one of his earlier climate speeches – Tragedy on the Horizon – was the paradox of our response to climate change. He points out that the catastrophic impacts of climate change will only be felt beyond the horizons of most actors, imposing a cost on future generations that the current generation has no direct incentive to fix. The deeper paradox is that the earlier we take action, the less costly the adjustment, in financial and real terms.

In September 2015, Carney talked about financial horizons being, at most, 10 years. We apparently can’t think past 10 years in terms of investment decisions, and even less for political. For better or for worse, we are now there; we are inside that 10 year window for climate catastrophe. At least in as much as our ability to keep conditions at the necessary level to avoid almost inevitable catastrophe beyond that runs out within 10 years.

There is good news. In September this year, Carney surmised that: A new, sustainable finance system is being built.

It is funding the initiatives and innovations of the private sector, it has the potential to amplify the effectiveness of the climate policies of your governments and it could accelerate the transition to a low carbon economy.

But the task is large, the window of opportunity is short and the risks are existential.

Consider with me if you will, the notion of initiatives and innovations of the private sector. Let me outline three reasons why, in my respectful view, I think the BVI international arbitration court and this very centre and community is uniquely placed to become a climate leader, to amplify the effect of climate policies.

First, there is no future paradox here: the catastrophic impacts of climate change are at your foreshore. Where many actors of our generation have no direct incentive to impose the cost to fix the problem, as small islands, the BVI faces real and present danger today. Not on your horizon. Now.

You do not need me to describe to you the devastating effects of climate change, on weather events, fisheries and livelihoods.

Nor do you need me to tell you of the frustration of being a small island territory that has no separate and independent voice within the UN. It was wonderful that the BVI’s Deputy Premier and Minister for Natural Resources and Labour attended COP 24 last December in Poland. But it was the first time that the UK Overseas Territories (UKOTs) were directly represented and formed part of the official UK delegation attending the annual COP. I don’t know if the BVI plans to have representatives at COP25 in Madrid in a couple of weeks, but I sincerely hope so. It should be front and centre next year at the UK COP without a doubt.

As your Minister said last year, “It is important for us as the OTs to continue to make our voices heard on all the devastating effects of climate change on us as small island development states. We will lobby forcefully for whatever financial help can be had from the Green Climate Fund.”

I cannot emphasise enough how important the small island state and territory voices are. The only way to deal with Carney’s paradox is to demonstrate loud and clear, and repeatedly, that climate catastrophe is real and it is here. Then and only then might the financial markets and industry and governments fully mobilise to the degree required. This is not lip service; it is everything.

At the COP last year, the OTs focus was to network internationally and create opportunities to attract green inward investment and offer themselves as pilot schemes for renewable energy, smart cities and sustainable development. I am all for this; there is an attractive sell for a global fund to be able to market itself as having transitioned an entire state – or territory – to net zero carbon. Even just a small state or territory. The OTs should certainly exploit the current appetite for impact investment from development and private funds, as well as the appetite for big announcements.

Because the big announcements matter. As another state or territory hits a net zero carbon target – adapting to its own unique climate challenges – that proves once again that it can be done. It puts a little more pressure on the other states to follow suit. And it encourages investors to direct their private funds in the direction of transition.

There is a TedTalk called ‘How to Start a Movement’. It talks about first movers and first followers. We already have our first movers of net zero carbon: 19 states, plus the EU and California have all drafted into law net zero emission targets. Bhutan is already in negative carbon emissions. If we are allowed to count California, why not count the BVI as well?

Climate ambition in the Caribbean should be among the highest in the world. Because you have more reason than any to get this moving now.

Second, the BVI International Arbitration Centre is a body for international dispute resolution. It is not the only one and it is certainly not the biggest, most established or most influential.

But it is one of the few on an island that is highly susceptible to climate related extreme weather events. It is poignant that the BVI IAC became home to the BVI government and administration following the last major hurricane to devastate the island. Perhaps it could explore a greater role than a temporary physical home, and explore a role in driving climate leadership in the Caribbean, much like the ICC does from Paris.

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The Centre’s mission statement is to become the International Arbitration Centre of choice to meet the rapidly evolving dispute resolution needs of arbitration users worldwide. It aims to become the go-to institution for all forms of dispute resolution in the Caribbean, The Americas and beyond; as a nerve centre for dispute resolution, thought leadership, seminars and trainings as well as various other initiatives.

The objective of the BVI Arbitration Group is to support the Centre in promoting dispute resolution in the BVI; to promote the use of arbitration and other forms of alternative dispute resolution to legal and business people, both locally, regionally and internationally. It is also to provide a forum for members to exchange ideas.

All of these objectives are consistent with taking on a thought leadership, facilitative and training role in respect of transition and climate leadership in the region.

According to the 20th century philosopher of enlightenment, Deutsche, recently cited in Steven Pinker’s book Enlightenment Now: An optimistic civilisation is open and not afraid to innovate, and is based on traditions of criticism. Its institutions keep improving, and the most important knowledge that they embody is knowledge of how to detect and eliminate errors.

The BVI IAC is an institution that will prosper through its ability to innovate and improve. It responded pragmatically and practically to accommodate the state architecture following one catastrophic climate related event; I invite it to find other new and novel ways to continue to support the territory and region as a whole in promoting understanding of and resolving disputes arising out of or relating to climate change.

Because climate change related disputes are coming at every conceivable level of the legal system.

• At public international law level, we are already seeing ITLOS, ICJ, International Criminal Court and UNHR Commission claims. We know that an inevitable consequence of climate change will be displaced populations. Already in PNG, Tuvalu and Kirabati (all in the Pacific) individuals and groups displaced by climate change are subject to repatriation in other people’s territories.

These are relatively small displaced

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populations so far; what happens when displaced persons reach the 10s or 100s of millions? Who resolves those disputes and where and how?

As these islands’ abundant and stunning resources become increasingly threatened, expect public international law disputes concerning maritime boundary issues, fisheries management, right to water, access to trade routes, and right to repatriate all to come to the fore of international dispute resolution. And where better to centre their resolution than right here.

etc, the only sensible place to resolve the dispute is on an island. Only then are the repercussions of the issues under review able to be put fully into context.

Again, who better than this very centre?

• At an international commercial dispute resolution level, investment in the composite sectors at the heart of the energy, industrial, urban and transport and land use systems are already heavy users of international arbitration.

An optimistic civilization is open and not afraid to innovate … . Its institutions keep improving … .

However, I am unconvinced, and this is the subject-matter of the ICC Report on Climate Change Related Disputes, which will be launched in Paris next week, that we understand the import of our role in relation to these disputes.

• At investment treaty dispute resolution level, as states grapple to regulate for transition and set and seek to implement net zero targets, they will create incentives to stimulate new investment, and introduce policies to disincentivise continued investment in others. That is the nature of transition – it is a move from one way of being to another. It is a process of taming the proud – the ways of old. And states will make mistakes.

We need look no further than the 50-odd Spanish solar cases to see how wrong.

Again, there is room for thought leadership in terms of analysis of the types of disputes, where the disputes are arising, where the damages are falling, and whether it is consistent with the investment objectives of the underlying parties. For example, if a party’s mission statement is to transition to net zero, and it obtains funding and enters into contracts solely and exclusively for that purpose, should that not be a material factor in how disputes are resolved in respect of those contracts?

My own view is that those cases demonstrate the system working: they show that states need to take transformative action, but they need to do so in a transparent manner that does not create legitimate expectations that are then not met. Because transition needs private investment. There are various numbers in circulation, but my best count is that for every development dollar we need 30 private investment dollars to fund transition. Tens of trillions of private cash. Investors will not invest unless there is market certainty and the ability to manage risk.

Investment treaty protection provides such securitization.

The more we understand, the more we can see, the more we can track transition and its challenges and successes in practice. This seems to be a unique opportunity for arbitral institutions, although perhaps more the ICC than the BVI just yet.

In addition to the Spanish solar cases, and closer to home, the Allard v Barbados investment treaty arbitration against the state for allegedly not meeting the hotel investor’s expectations in respect of the preservation of a marine reserve, demonstrates how treaty claims might police and enforce state commitments in respect of climate action.

Having outlined the potential for climate leadership by the BVI and Caribbean, and by this centre, there is a third candidate I want to mention. Stakeholders and users of international arbitration: we international lawyers, arbitrators and jurists and international investors. Not only do these stakeholders know how to resolve disputes, we know how to use the law and dispute resolution mechanisms to innovate change.

It seems to me that in such disputes concerning island energy infrastructure, tourism, land use, fisheries, shipping

That said, there is also an important training role that is not limited to any single institution. Again, because of the BVI’s unique situation and circumstances, this centre is quite possibly better placed than any other to train arbitration counsel and arbitrators on climate change law and policy, and its role in the interpretation of contracts.

I continue to believe that international lawyers, like the Governor of the Bank of

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England, can be champions for transition to a low carbon economy.

If we are out looking for the drivers for transition, if we remain inquisitive and intellectually curious, we are more likely to raise transition facilitative issues with our clients. And we can do that in myriad ways.

First, through reason. We lawyers are trained in and led by reason: … we insist that our answers are reasonable or justified or true and therefore other people ought to believe them too … .

Like all enlightenment thinkers, as Pinker would call us, … we energetically apply a standard of reason to understanding our world, and not fall back on generators of delusion like faith, dogma, revelation, authority, charisma, mysticism, divination, visions, gut feelings, or the hermeneutic parsing of sacred texts.

As dispute resolution lawyers, our role is to identify and analyse the applicable law, ascertain the facts and apply the law to them to derive the answer. We deploy the same process as arbitrators and judges. And each and every step of the way, we deploy reason.

The climate challenge requires reason. Objective and dispassionate reason. Sound and steady heads that do not attack or feel threatened by one another, but that are able to sit together and work through solutions.

Events like this, and our panel on Friday, are opportunities to develop our thinking and explore beyond our normal boundaries of thought.

Second, through resolution. After reason we have our training, experience, expertise in resolving disputes. We can see a way through when reason does not prevail and can bring opposing parties together in a way that enables them to move forward. As our global systems transition, there will be stumbles and falls, and those falls will inevitably invoke dispute resolution.

Third, through legal expertise. Anyone practices dispute resolution in the BVI is bound to have some corporate and financial services expertise. This is central to much of the legal business of the islands.

Let me tell you something exciting about legal expertise and transition. I learned yesterday that a Baker & McKenzie partner, Martin Wiljder, has just left his partnership to set up an advisory firm that plans to raise billions of dollars to invest in climate opportunities. I first met Martin when he came to speak at the ICC’s side event during COP21 in Paris, the ICC’s inaugural climate change disputes event. He is joined in this project by some of his Baker & McKenzie colleagues, a member of the Australian COP negotiation team, and the former head of Lazard in Sydney.

They plan to offer breakthrough advisory law, policy and corporate services, merchant banking solutions, infrastructure investment platforms and funds. And while this is not the first time a lawyer has moved into fund management, it is the first example I have seen of a lawyer taking the lead in climate transition fund raising.

And yet it is such a natural and intuitive role for the lawyer – transition is all about the law, international, domestic, statutory and contractual. It is all about the law and as international lawyers we have been too long missing in action.

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And that, ladies and gentlemen, brings me to my conclusion for the BVI, the IAC, and the BVI-associated legal community. If teaching the proud – as I believe – is about persuading others that change is not defeat if you own it and become part of it, then let me offer you an idea.

Over the past 30 years, the BVI has established itself as a global leader in the provision of financial services, with preeminence in company incorporations.

There has been significant growth in related areas of asset management, fiduciary services, fund administration and management, together with captive insurance. Indeed, much of the Centre’s and local court work arises out of this.

Financial Services is a linchpin of the economy. But from 2009, according to McKinsey’s report on the state of the sector, new incorporations began to decline as a consequence of the global economic recession and the BVI’s limited success in value-added services. Concerns arose about the resilience of our long- term prosperity. The Government’s 2012 consultation process led to a strategic implementation plan for reinvigorating the Financial Services sector and ensuring its sustainable growth towards 2020 and beyond. The objectives were to: assess the BVI’s economic prospects; lay out a strategic framework and set of recommended initiatives to spur growth in the future; and develop an implementation plan to ensure that the BVI successfully implements these initiatives.

I scanned and word searched the McKinsey Financial Services strategic analysis and plan, and nowhere did I find the word climate, or green or transition.

But what I did find is a broad set of priority initiatives and recommendations that could easily accommodate a decarbonised mandate – a net zero carbon operational framework. Because although sustainability and ESG and CSR are all frightfully important, what I really care about right now is a low carbon future.

And I respectfully suggest that if I lived on islands such as these, I would care about it a whole lot more.

Allow a moment to imagine if the BVI were to do all of that in a manner that solely and exclusively promoted investment in climate opportunities. It would not mean refusing or turning away certain investment; it would just mean requiring it to meet certain criteria for transition to a low carbon future.

1. Establish a Delivery Unit. Build a world-class team reporting at the highest level of government, which is responsible for driving progress and delivering results across each priority Financial Services initiative

It would mean following the Mark Carney recommendations to the London financial and insurance markets, which are to embrace climate related financial disclosure, to improve understanding and management of climate related financial risks – and those should be most poignant here – and finally to recognise that sustainable investment is, according to Carney, “the new horizon that can bring enormous opportunities ranging from transforming energy to reinventing protein.”

2. Revamp the International Finance Centre (IFC).

You see, it is yours that could be “the rulership of nations”.

The three McKinsey priorities are • Build best-in-class enabling mechanisms and enabling capabilities:

3. Strengthen the business development function.

4. Engage our population.

5. Strengthen BVIslander capability.

• Remain a world leader in the core business of company incorporations: 6. Pursue tax initiatives.

7. Enhance Financial Services Commission customer service.

• Expand into new value-added services: 8. Attract value-added services.

9. Reform immigration and labour.

10. Invest in infrastructure.

As the rest of the world – including all of those financial service providers that the BVI competes with for market share – continue to delay transition and the deployment of funds in the necessary direction, the BVI could come to the forefront as the thought leader and champion of climate and transition finance and associated dispute resolution. And then it could be you who are the ones:

To teach the ways of peace to those you conquer, To spare defeated peoples, tame the proud. | BB

The Dr. J. S. Archibald, QC Memorial Lecture is a biennial event recognising the relentless and sterling efforts of the late Dr. J. S. Archibald, QC, a giant of BVI jurisprudence, who made enormous contributions to the development of a modern arbitration regime in the British Virgin Islands.

As a world jurist and international arbitrator, Dr. Archibald, QC supported the idea of modernizing the BVI’s arbitration regime to a standard comparable to those established by renowned international arbitration centres. He ensured that the Arbitration Act, 2013 would reflect a legal framework that promoted flexibility in arbitrating disputes, promoted the speedy resolution of disputes with limited court interference, gave prominence to the interests of the arbitrating parties, and prevented unnecessary restriction in the grant of awards and costs to the arbitrating parties. The Act was also designed to enable the arbitration of both domestic and international disputes.

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THE POST HURRICANE CONSTRUCTION MARKET IN THE BVI

By MARVIN E. FLAX

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ringing in 2020, several buildings around and near the main round-a-bout in Road Town were finalizing major renovations.

Some building owners added floors, replaced roofs and windows, changed wall cladding finishes and colors. Others were still trying to finish what was started prior to Hurricane Irma, which was over two years ago. Up until recently I considered this area of Tortola, ground zero for construction projects.

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To sufficiently give an account of the current status of the construction market in the British Virgin Islands, it is necessary to begin at the pre 2017 hurricane season and extend 26 months past it. As architects, our measure of the construction market encompasses the number of proposals being asked of us and projects which are actively under construction.

Pre hurricane season of 2017, Virgin Gorda dominated the active construction scene, with the full scale renovation at Rosewood Little Dix Bay coupled with the ongoing work in North Sound and other private island developments. Requests For Proposals being tendered at the time were for mid-rise office buildings on Wickhams Cay. Traditionally, the bulk of BVI construction is for single-family homes, vacation villas and docks in the marine space which at the time were not being built. At best the construction industry was described as slow if not close to stagnant.

Fast forward to January 2020 and for most of us in the design and construction sector it’s safe to say that we have been on what feels like a rollercoaster. The months between October 2017 thru March of 2019 were chaotic and this was widely accepted as a BVI construction market boom.

That “boom” period tapered off about spring of 2019 and was reflected in company staff levels at the time.

Since then we have entered what can be described as a new phase, one of sustained reconstruction, with several new opportunities on the horizon, driven by the reconstruction of resorts and public buildings owned by the government.

Every category of built structures experienced either complete destruction or some level of damage from the hurricanes of September 2017. Reports stating that 80% of all homes were damaged with total damage estimates for the territory ranging from $2.6 billion to $3 billion.

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The territory has made great strides in the last 26 months, from simple and quick replacement of metal roof cladding to whole sale repairs from catastrophic structural failures, the BVI construction sector was wild and mostly unchecked.

Where tourism numbers understandably fell, the construction market picked up the slack and provided a much needed fillip to the economy. However, this was not immediate. Several islands in the Caribbean also fell victim to either or both Hurricanes Irma and Maria. South Florida and parts of Texas were also impacted which led to delays based on high demand from U.S.based suppliers of essential materials, such as doors, windows and metal roofing. These are the same suppliers from which most Caribbean islands source their building and construction supplies including the BVI, however, these suppliers were serving their US-based clients first. This challenge manifested itself locally by helping to slow down both recovery and reconstruction. It was also assisted by the other following key road blocks and bumps in the road such as; slow and disputed Insurance Payouts, storage deficiencies due to destroyed warehouses at the Main Port, curfews, severely damaged electrical, cellular, and telecommunication lines, labour pool shortage resulting from evacuations in the early aftermath of the hurricanes and the increased demand for fuel.

The Government of the Day made a number of critical decisions at the time designed to alleviate some of the issues listed above, which had a significant impact on the pace of the recovery. These included; expedited approval times from the Town and Country Planning and Public Works Building Authority Departments, the waiving of import duty and other related taxes, and a relation of the labour policies as related to skilled workers. These policies and amendments encouraged foreign relief workers arriving in the territory on short term work permits that could easily be renewed, and better still could be applied for once on island. This policy was a major driver for skilled construction labour to take up employment with contractors. An estimate of a 140% increase in construction related work permits issued in 2018, reflected the labour needs at that time.

Another major positive influence on the pace of construction was that insurance companies required their customers who were filing claims to acquire multiple quotes for the repair and replacement of the hurricane-damaged areas of their home or commercial property. This direct interaction with property owners led

to many contractors who provided the insurance repair estimates being employed to do the repair work once the owners received their insurance settlement.

Prior to the storm, the average contractor got by with a staff of 1 to 5 steady tradespersons. The general practice was that if a contractor needed a specific tradesperson, such as a tiler for a particular project, the contractor would enter into a freelance agreement to lay the tiles for that project. This sharing of tradespeople meant most contractors did not have to regularly hire a tradesperson as a permanent member of staff, a practice that still exists today.

After the storm, most construction companies had no choice but to increase their staff, and in some instances by 500%.

The large amount of work also presented an opportunity for many contractors to change how they operated. Some of the more established firms with higher than average staff, hired marketing professionals, quantity surveyors, project managers and procurement and logistics experts.

The larger companies also hired human resource managers to assist with the work permit process for the new employees.

Individually skilled sub-contractors, like audio video installers, marine based contractors, electricians, plumbers and roofers also benefitted from the post hurricane reconstruction flurry and they

too had to increase staff to accommodate the high demand.

Earlier, I compared the market to a rollercoaster. At present the rollercoaster has slowed down and companies that increased staff levels are now reducing them as the demand has fallen off.

Damage assessments, insurance claims and roof replacements are mostly complete, so the next phase will be driven by resorts redevelopment and the repair of government related buildings, where it is expected that construction staff levels will see some increase.

The resort sector and government related buildings experienced massive amounts of damage and to date most properties have yet to be fully repaired. In some instances, some buildings in both sectors are still in their post disaster state. The majority of the resorts were decades old and the damage and destruction presented an opportunity for the owners to either dust off the plans that they always wanted to implement or hire architects to completely start over.

Owners are looking at more resilient and cost-effective ways of delivering 4 and 5 star products and will all require experienced construction companies to deliver them.

The reality is that most of the resort work will be tendered and won by the larger firms, but there will be opportunities for sub-contractors to enter into subagreements with the parties.

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As Q1 of 2020 begins, the government of the day is expected to green light many projects in their portfolio of damaged building assets. The multitude of GOVI projects that range from schools to infrastructural repairs and upgrades are all expected to be tendered by both architects, specialist consultants and contractors. Other GOVI related projects such as the airport expansion and the development of Prospect Reef Hotel are also on the horizon. As I complete this article, design firms are about to respond to multiple requests for proposals from statutory bodies and the GOVI. No discussion about the current state of construction in the BVI is complete without mentioning the role of the Recovery and Development Agency (the “RDA”).

According to its website, “The Virgin Islands Recovery and Development Agency (RDA) was established in 2018 by the Government of the Virgin Islands as a transparent and accountable specialist project implementation agency to respond to the unique challenges faced by the Territory following the extreme weather events of 2017.”

To date, nineteen tenders have been issued with multiple successfully being awarded to local contractors.. The RDA mandate includes capacity building, which means part of their role is to educate and train. Several seminars and workshops on procurement, risk management, life safety, just to name a few, are all geared to strengthen the knowledge base of local contractors. For many new and established construction companies, the RDA presents a viable opportunity to work on several Caribbean Development Bank (CDB) and GOVI funded projects.

Local and foreign developers still see many opportunities two years post disaster and are looking to capitalise on the increased labour market and general positive economic outlook. Cities and developers understand that effectively using land to create multi-use destinations brings deep value to communities. There is significant

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diversification in the BVI development and construction market and, if you are looking for a contractor, there is no shortage of experienced and savvy ones for all project types and sizes.

With the increase of labour in the territory, one would have expected the average contractors daily rates to drop. That did happen for a brief spell, but once newly arriving workers got wind of traditional going rates, there was a new uptick in prices. What is hard to say is how much of the $764 million dollars related to property specific insurance payouts went back into reconstruction work, but it’s safe to say it was the primary driver of the construction market for all of 2018 and up to the end of Q1 of 2019.

One inherent benefit coming out of this disaster cycle, is a general increase in construction knowledge and know how. Prior to the storm, what may have seemed like a difficult concept to grasp (how a roof is assembled for example), is now a widely held skill that many home owners can quickly recite- the assembly and material sequencing. Homeowners are also more knowledgeable as it relates to impact resistance requirements for door and window glazing and minimising potential risks from overhangs, cantilevers and site excavations.

An area of construction that is severely lacking in the BVI is that of good quality interior finishers. The island has many quality tradespeople who are good at the basics and core components of construction but very few who are conscientious with the finished “move-in-ready” product. This presents a huge area of opportunity for small contractors to carve out a niche for themselves by offering high quality interior finish work with a turn key service which, at a minimum, includes carpentry, tiling, sheet-rock installation, carpet laying, electrical, plumbing and air conditioning.

Finally, the economic substance legislation is another potential area of opportunity that some in the BVI see as a possible benefit to the overall economy and to us in the design and construction industry. Partly because many companies will need office space and housing for this new labour pool. When talking about economic substance, most are taking a wait and see approach.

The BVI will continue to ride the wave in 2020 and beyond of a post disaster construction tide but moving ahead at a more steady and deliberate pace. | BB

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Entrepreneurship The Binge Education of a Gen Z about the BVI Economy and the need for diversification

By SHEA ALEXANDER

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ourism and financial services are the twin pillars of the British Virgin Islands’ economy’.

This sentence is as fundamental an element of the education of young Virgin Islanders as are the alphabet and methods of multiplication. Yet, in reality, there never actually seems to be a general understanding of what exactly this means.

It was less than three years ago that I was sitting in a classroom; an informal and engaging setting, when I first began to understand how ignorant I actually was of how our money was made. As a student of social policy, with a budget-defying taste for the finer things in life, I found myself cringing quite often as our lecturers would tear down the

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immorality and inherent destruction of capitalism. This, they would do, as they peered across at us from behind designer eyeglasses and prepared to strike for higher pensions. But nothing prepared me for the fateful day when I, the juxtaposed international home student, was cast in the glare of twenty something ultra-liberals who ate no meat and drove electric cars.

It was in an economics module and the lecturer, a forthcoming Cambridge alumnus, was wrapping up an explanation of how the rich stay rich. Nodding my head in appreciation of her clever dissection of wealth inequalities, I was left mid-nod and mouth agape when suddenly she whirled on me and quipped, “and then they hide their money in places like the British Virgin Islands’. As I pen this article for Business BVI, I am embarrassed to admit that I had simply flashed a ‘dotish’ smile and muttered some half agreement.

‘Tourism and financial services are the twin pillars of the British Virgin Islands’ economy’. I could recite that sentence to anyone, but I had no idea what it meant.

Vaguely, and without interest, I understood tourism to be related to the giant of industry that was Little Dix Bay, the thousands of tourists who were carted past my house in droves to the Baths and the fabulously dressed staff of the Tourist Board. Even more arbitrary to me was financial services. As a high schooler, this industry represented nothing but a high paid stomping ground of those with accents.

Of course, I have since learned through many professionals, willing to have a chat with me, exactly what both tourism and the financial services sector truly entail, but almost all of them have ended their explanations with a pertinent reminder. As lucrative as these industries are, they are finite.

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always the singular concept of a broader market. There was no shortage of references to the ‘vibrant’ and ‘robust’ economy that we would have once the right channels were opened for investment and the returns reaped in the long-term.

Post-irma

One shared feature of the previous and current administrations is that they both declared an intent focus on free enterprise as one of the primary mediums for this economic expansion.

Politically, this is brilliant, as growing numbers of small business owners, self-styled entrepreneurs, are emerging from among the work-force. It is a trend that can be attributed to both the glittering allure that Western capitalism cultivates around business ownership and the heightened challenge of mobility with a single stream of income. Entrepreneurship in the Virgin Islands is like high fashion; it changes, it adapts, it mimics and it oftentimes borders on the frivolous or impractical. Yet now more than ever, our economy is reliant on the capacity of our entrepreneurs to innovate, if we are to introduce new revenue streams to our economy upon which our market can thrive.

In their quest for multiple streams of income, can they create channels of national revenue?

In 2017, Irma took the reality of life in the Virgin Islands and warped it beyond recognition. Tourism took a nosedive; return visitors, previously a healthy segment of our annual guests, are hard-pressed to return.

Our capacity to host and entertain was reduced drastically and without question our economy suffered from this definitive blow. Swiftly on the heels of this the motherland, aloof but still over involved, began taking action that directly challenged the viability of our financial services product. Citing the shadowy undertakings of Russian oligarchs and the upheaval of financial crime that was the Panama papers, those who had observed our devastation from a distance, struck a massive blow by demanding the implementation of public company registers.

Both sectors have managed to survive, and some might argue continue to thrive in the last two years, a true sign of their resilience. But, rebirth cannot truly be considered growth. It is imperative that we find new watering holes before our two-pronged economy again plateaus and the well runs dry.

The most recent incarnation of the governing Virgin Islands Party recognised this and recognised too that the people of the Virgin Islands were nervous, anxious to once again be the rich cousin among the Caribbean archipelago. Their 2019 campaign took as its crux the phrase ‘economic diversification’.

Led by the now Premier & Minister for Finance, the Honourable Andrew A. Fahie, every candidate wove the need for a more multi-pronged revenue stream into their narrative; whether it focused on tourism, education, agriculture or infrastructure, there was

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come from? Will they be sourced offshore? If so, what are the logistics and costs given the enormous challenges presently existing in both?

Will they be sourced locally? This is almost a rhetorical question as our natural resources, though abundant in beauty, lack the quantity or variety to sustain a strong industry of manufacture. Production is potentially the most easily imagined stage of the process as the land and labour can certainly be found while the necessary experts can be imported and/or trained. Unfortunately, distribution would then be a subsequent challenge due to the already expressed issue of logistics and cost.

There are two primary routes along which our efforts to broaden our means of survival can advance; a fundamental expression of economics; production or performance; goods or service.

The indistinctness of the service industry seems to have left a sour taste in the mouths of Virgin Islanders. Predominantly new business ventures are emerging in the retail space.

Commodities we can see and feel are perhaps our preference because we fear once again the likelihood of England, or some other powerful international watchdog changing the playing field without warning. There is a characteristic confidence that the tangible product gives us. This is arguably a very psychological perspective to take, but what cannot be debated is that even the narrative from our Territory’s highest offices seems to focus on the manufacture and sale of goods.

The questions of confidence in production in the Virgin Islands are quite elementary. Where will the raw materials

Success in the arena of goods manufacture would invariably require the development of a network of strategic satellite partnerships that would mitigate the trials of international carriage. While we have placed priority on Hong Kong, London, New York and Miami, we may have, maybe in our haughtiness, neglected decades of opportunities to build open market conduits with our regional neighbours. In the wake of hurricane Irma I distinctly remember home owners refusing the galvalume available from St. Vincent for no reason other than their desire for the Miami product. The unachieved alliances necessary to trade raw materials and distribute finished goods will take years to formulate, foster and formalise.

Meanwhile the foremost challenge of our service industry is its reliance on the transient. The construction industry, which may represent both goods and services, is experiencing incredible highs. Yet this is obviously a period-specific reaction of a boom

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A crippling caveat of the service industry is the element of time.

Reputation building in service is critical and it is an incredibly time-consuming process. Even if the Territory were to have an inexhaustible marketing budget, which considering our disproportioned tourism stipend is far from the truth, it would be a challenge to forgo the exposure component of sound branding that is necessary to sell a service internationally.

Medicine, education and business administration are three avenues of research reveals, however the time it would take to build the rapport and reputation to dominate these markets compounded on by our inescapable disadvantage of remoteness is deterring.

Our initiatives to diversify need primarily to exhibit a readiness for quick attainment. However, I do not wish to imply that we can afford to be hurried or imprudent. A drawback noted the world over of economic diversification done without adequate forethought is environmental detriment. Emphasis must be placed on sustainable development.

Realistically, if preserving the integrity of the natural environment is on the agenda, the Virgin Islands will avoid goods production and distribution, but for the modicum necessary to service the demand of the domestic market.

There is room for agriculture within this allowance as approaching independent food sustenance should be a goal of any developing jurisdiction. This article must of course also speak more specifically to the stimulating world of marijuana cultivation. What some thought to be an empty promise to galvanise young voters has instead proven itself an earnest bid by the current administration to legalise and monetise cannabis.

It is along these lines that a hybrid solution lies. Unfortunately, there aren’t the words left on these pages to capture the breadth of the discussion on the marijuana trade specifically. But, the more general idea of producing a unique British Virgin Islands branded good that is then marketed as the epicentre of a travelworthy experience is novel and quite doable. One example could be luxury, bespoke tea bags produced in the Virgin Islands in limited quantities using cultural significant flavours like moringa or hibiscus. A historic, plantation style restaurant with museum aspects could be marketed as the originator of the tea and a gorgeous Caribbean setting for destination weddings and couture fashion events.

Capitalising on the supply shortage inevitable caused by the Economic Substance Act, virtual offices are another example leaning much more heavily towards a service dimension, but including strong domestic retail impact, as offices will have to be outfitted, stationery printed and other material needs furnished.

Whether goods, services, or both, what seems evident is that the true innovation needed lies not in the creativity or uniqueness of the products that the Virgin Islands, with its limited resources can develop. Instead, the sitting administration might find it more fruitful to prioritise building a domestic context that facilitates economic diversification pivoting off from our already existing foundation of tourism and financial services in the first instance. It is the adjacencies stupid!

It is impossible not to appreciate the Territory’s need for more money and more ways to earn it. But desperation is the enemy

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y bvi made l d u o r

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that will eventually dwindle away and spit out those investors not forward thinking enough to already have jumped ship. Our tourism product, basically an intersecting mass of niche and accessible services, is still though less so, subject to the peaks and valleys of a seasonality that is external to us. Then there are dozens of other business types whose sole patron, in both senses of the word, tends to be the Government of the Virgin Islands such as our many consultants and contractors.

of lasting progress. The jack of all trades is master of none and if we launch ourselves through menagerie of quests to generate revenue we may find ourselves spread too thin and without the elasticity needed to be flexible or rebound after another challenge to our economy. There is need for a strategic plan.

While small businesses suffered and thus originality was stifled, the Virgin Islands took immense pride in creating a welcoming atmosphere for local corporate giants such as Necker Island and Harneys, faces of our tourism and financial services respectively. For decades we have traded ourselves on the global market in a manner that suggested ignorance of our worth. Our reliance as a people on the Government is in part due to the Government’s own failure to instill corporate responsibility as a tenet of business in our Territory.

It is high time that the priority shifted, multi-nationals in the Virgin Islands need be left to their own devices.

They possess the internal resources to maintain and grow capacity for tourism and financial services and will continue to do so with or without government intervention.

Keeping a more distant eye on our ‘pillars’, Government can then target small and medium sized enterprises.

Special attention and incentives for innovative business models will result in unprecedented creativity. Perhaps it will be from the cottage industry that the next big thing comes. Small businesses are the ones with the hunger

and adaptability to create new spaces and ventures that the purse of the people can then be wisely invested in, creating local wealth that stays in our shores and discouraging the unoriginality that has cursed us with repressive over saturation. Investment will have to be policed heavily to prevent the emergence of patterns akin to colonisation, as tend to be observed in situations like ours. New industries often require large amounts of capital that small countries’ natives cannot gather quickly enough. This leaves a vacuum for venture capitalists and already established extranational companies to gain control.

Clear restrictions must be outlined and enforced and, as mentioned, negotiation with prospective investors must be done more assertively, keeping in mind the selfless growth of the Territory and its potential and need to generate revenue.

Ultimately, while the solution presented here is strung together from many a hypothesis and observation it is simple; Allow our private sector to double down independently on our twin economic pillars while simultaneously promoting greater SME participation in the hybrid sale of services centred on BVI branded goods.

There is no way to guarantee that this remedy will be successful. But what is sure is that we must be resourceful, dynamic and innovative if we are to finally step out from the shade of ‘developing’ into the glory of ‘developed’. | BB

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STAY THE COURSE: TOP TIER SERVICE AND SUSTAINABILITY

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Tourism

POST-IRMA, THE BVI FACES AN EVOLVING GLOBAL TOURISM MARKET

By ROBERT CURLEY

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or the British Virgin Islands, the task on the morning of Sept. 7, 2017 was not to rebuild tourism, but to restore civilisation. Blasted by Hurricane Irma’s 180-plus mph winds, residents of the BVI emerged from a terrifying night, huddled in disintegrating homes, to find a barren landscape stripped of all greenery, boats piled up in supposedly safe harbours like children’s toys, and entire resort and residential communities reduced to kindling. Power, food, water, and shelter were the immediate concerns, not hotel rooms and certainly not global travel trends.

Fast forward just two years, and recovery in the BVI has been nothing short of remarkable. Not only has basic infrastructure been restored, but the majority of the nation’s resorts and attractions have reopened, with more on the horizon. A few masts of sunken boats still poke out of the waters of the Virgin Gorda Yacht Harbour, but tourism director Sharon Flax Brutus says that the destination’s critical yachting sector actually has more berths now than it did prior to the storm.

“There are a few venues whose reopening we are eagerly awaiting, but for the most part anyone sailing the BVIs on a

charter vacation will have much the same experience now as they would have had prior to the storms,” said Ian Pedersen, senior marketing manager for charter yacht companies The Moorings and Sunsail. “It is a wonderful achievement. Today, things feel as though they are very much business-asusual, rather than everything being viewed through the lens of Hurricane Irma, which is a refreshing change.”

The visitors have returned, too. In the first half of 2019, tourism arrivals rose to 71 percent of the level seen in the months immediately preceding Irma, said Brutus.

That’s in line with the overall rebound in visitors to the Caribbean: in 2019, 29.9 million people visited the Caribbean, the second-highest total on record and only a marginal drop-off from the recordsetting 30.6 million visitors in 2017 — with continued growth only dented by the impact of that year’s difficult hurricane season, according to the Caribbean Tourism Organization. “I think that our destination has made incredible progress since September 2017,” said Brutus. “We are looking forward to continued growth in our tourism arrivals even as properties including our villas continue to return.”

Yet while sympathy and assistance flowed to the islands in the aftermath of Irma, the world moved forward while the BVI focused on rebuilding. Regional competitors in

the luxury travel market, like St. Lucia, Turks & Caicos, Antigua, and Anguilla — largely unaffected by recent hurricanes — have continued to expand and refine their tourism offerings. Sleepy Dominica, another Caribbean destination that suffered extensive hurricane damage in 2017, has emerged as a new luxury travel destination (and competitor) with the upscale Cabrits Resort and Spa Kempinski Dominica in October 2019. Globally, tourism arrivals in the Maldives hit an all-time high in February 2019 and in the Seychelles in April 2019; like the BVI, both are upscale destinations with strong yachting sectors.

Lauren Grech, CEO and co-founder of the international event-management and destination wedding companies LLG Events & LLG Agency, puts the BVI on par with any of these established luxury destinations as well as emerging ones like Saadiyat Island in Abu Dhabi. Grech, who recently returned from a trip to the Maldives, referred to the BVI as “a closer Bora Bora” for North American and European visitors.

“The BVI has privacy and exclusivity and that’s what we should be highlighting about the region. And there’s nothing better than BVI hospitality — that’s a big differentiator,” she said. “The only thing I think is missing is visibility. The BVI has an impressive product, but nobody is talking about it.”

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Rosewood

Little Dix Bay

Scrub Island Resort

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Building back better In both the public and private sectors, optimism about the future, as the British Virgin Islands Tourist Board celebrates its 50th anniversary remains high, and is reflected in the rapid post-disaster reinvestment in the destination’s tourism product.

In most cases, the resorts that have come back have not just rebuilt, but improved, putting them in a better position to compete in a global marketplace. Currently, tourism represents more than 10 percent of global GDP and grew by 3.9 percent in 2018, outpacing overall economic growth, according to the World Travel and Tourism Council.

The Scrub Island Resort, Spa & Marina reopened with new villas, for example, while Oil Nut Bay added its Bay Suites and Marina Village, Anegada Beach Club debuted new “glamping” accommodations, Necker Island installed plunge pools at each of its houses, and the Sugar Mill Hotel built a new beach restaurant and bar.

“The hurricane was an opportunity,” said Guana Island general manager Andrew Marston, noting that the private island resort raised and strengthened the roofs of damaged villas. The resort also installed air-conditioning, “which isn’t really needed because there is a strong natural breeze,” but “there are times of year when AC is nice to have.”

On Norman Island, where the Pirates Bight restaurant is back and the Willy T floating bar has returned to its traditional mooring with a new boat, while the old Willy T — sunk in the storm — has been rethemed as a haunted pirate ship (complete with a skeleton crew) and designated as a new dive spot.

In another example of “making lemonade,” the nonprofit organisation Beyond The Reef sunk three planes damaged by Hurricane Irma, decorated them with shark themes, and established the “Sharkplaneo” dive site near the Dog Islands.

“Hurricanes usually take more than they give, but in an ironic twist, our private North Beach now boasts this spectacular expanse of new sand that was brought in by the storm, making it an idyllic location for sunseekers and our weekly North Beach Festival,” said Norwood Smith, the VP of Sales & Marketing at Mainsail Lodging & Development, which owns and manages Scrub Island.

A few major properties remain closed, including the Peter Island and Saba Rock resorts and the Bitter End Yacht Club. (The latter is expected to reopen in 2020; no reopening dates have yet been announced for Peter Island or Saba Rock.) But construction will soon begin on a new Norman Island resort project that will include 75 to 100 residences, up to three boutique hotels, a marina, spa and observatory.

Perhaps the most anticipated return to date has been Rosewood Little Dix Bay resort on Virgin Gorda, which reopened on January 6. “I truly believe that 2020 will be a landmark year for the BVIs,” said Andreas Pade, the resort’s managing director.

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Luxury travel trends While major challenges remain for the BVI — most notably the lack of direct air service from the mainland United States — a strong argument can be made that the destination is coming back better than ever after Irma, physically and competitively. Regulations now require stronger building materials and hurricane-proof windows and shutters, and resort operators are looking to better attune to current travel trends.

“We’ve been dedicated to reimagining the resort for today’s generation while maintaining its original charm and identity that kept its original guests coming back year after year,” said Pade. “To this end, we’ve introduced four innovative restaurants and bars that will redefine the Caribbean culinary landscape, as well as a number of special guest services and offerings designed to delight explorers of all ages.”

The changes at Rosewood Little Dix Bay reflect several key luxury travel trends identified in the 2020 Virtuoso Luxe Report: culinary travel and experiential travel.

“There are few places where you can pick a mango or a banana or passion fruit from a tree,” said Marston of Guana Island. “We are not using pesticides; you can just eat it.”

The resort’s culinary program, centred on products raised on the island (including eggs from a resident flock of chickens and honey from on-site beehives) fits the needs of today’s luxury travellers precisely, including the opportunity for hands-on experiences. Also under exploration: creating a line of spa products using locally sourced ingredients.

“We are constantly looking at what we can replace with items we can make in-house, from the land,” said Marston. “We have so many bananas, so we’ve been making banana chips in the rooms, as opposed to something pre-packaged. We offer homemade granola, honey, hot sauce. We just purchased overalls so we can show guests the beehives and what we’re doing.”

Healthy eating is also a major component of wellness travel, an important and growing travel segment that’s especially popular among Generation X and millennial-aged travellers. Others include meditation, yoga, spirituality, spa treatments and outdoor activities.

“With today’s increasingly hectic lifestyles due to work, family and other obligations, travellers are looking to wellness trips to provide a relaxing escape that restores balance and transforms mind, spirit and body,” according to Virtuoso. “They are also

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seeking skills while away to help maintain that calm and support their mental, spiritual and physical health once they return home.”

Asia (particularly Bali and Thailand), Costa Rica, and Italy are currently among the top wellness destinations in the world, but surveys of travel agents catering to high-end clients highlight several areas of strength for the BVI in this and other luxury travel segments — as well as opportunities for improving the destination’s appeal.

According to Virtuoso, luxury travellers are particularly interested in “remote, unspoiled destinations to avoid crowds at over-touristed locales,” as well as having the opportunity to hop from one location to another, mixing stops at well-traveled places with little-known spots where they can mingle with locals. The latter is especially important to upscale travellers eager to improve their “emotional intelligence,” or EQ, by gaining a deeper understanding of the destination and people they are visiting, travel experts say. Off-the-beatenpath travel and authentic local experiences are especially important to Generation Z travellers (those born between 1997 and roughly the early to mid-2010s), who by 2020 will represent 40 percent of all consumers worldwide.

Chartering a yacht or using ferries to sample the diversity of the BVI, ranging from the beach bars of Jost Van Dyke to the natural beauty of the Baths and the low-key charms of Anegada, tick off many of the boxes in the report. Tortola’s Long Look Heritage Village is an example of an attraction that exposes visitors to local history (including reenactments of the 1776 emancipation of the Nottingham Estate), crafts, traditional entertainment like Moko Jumbie Stiltwalkers, “The focus is on varied experiences that enrich the trip with each stop,” the report said.

Pade said that while the BVI is one of the most beautiful destinations in the Caribbean, it remains lightly developed, “which makes it an ideal destination for an authentic and tranquil retreat.”

“With today’s consumers increasingly looking for ways to reconnect with one another and the world around them while at the same time experiencing an authentic immersion into the destinations that they visit, the BVIs are uniquely positioned to cater to this new class of ultra-luxury travellers in a way that many other island locales cannot,” he said.

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Air supply Improvement to airlift “is one of the primary ingredients needed for creating a more attractive environment for travellers and investors,” said Brutus, and tourism veteran Clyde Lettsome, who has served on both the BVI’s aviation and Tourist Boards, called the BVI’s lack of direct flight service “the number one challenge facing us as a tourism destination.”

But as the Virtuoso report hints, the destination’s relative inaccessibility may be viewed as a feature, not a flaw, by some luxury travellers.

“I just took a boat from the island, I’m now taking a flight to San Juan, then to Newark,” said Marston. “That’s three methods of transportation to get here. You have to want to come. I think that’s what makes it special.

It tailors itself to a seasoned traveller that doesn’t want to go where you can take a 727 and take a bus to your destination. It’s not being all things to everyone.”

That said, the BVI has increased its air and water links from the nearby U.S. Virgin Islands (where St. Thomas is a major regional air hub). “Getting to the BVI from the USVI has improved with new privately owned ferry companies that make the trip a breeze by clearing Customs on the way and actually terminating the trip at the resort,” said Scrub Island’s Smith.

Improved inter-island ferry service is also crucial for meeting travellers’ desire for island-hopping. “In Greece, it’s so easy to go from island to island — you just hop on a ferry and go wherever you want,” said Grech. “Everyone wants to see as much as possible during the time they have on vacation.”

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Group appeal Group getaways are also popular with high-end travellers, according to Virtuoso, especially trips “to bond with friends and others who share their passions or are at the same life stage.”

“Today’s traveller is seeking more profound experiences leading to increased emotional intelligence,” according to the report.

“Pushing beyond their comfort zone combined with genuine interaction among locals provides travellers with a deeper appreciation for the people and cultures they encounter.”

“Travellers are getting younger, and are seeking more and more authentic travel experiences, beyond cruise lines and sheltered resorts,” said Pedersen. “We feel that charter vacations cater to people of all ages and interest groups, and certainly offer a more authentic travel experience overall.”

Brutus stressed the need to target upscale “niches that align closely with the tourism assets of the BVI,” and Scrub Island’s Smith said those should include spa and wellness, multigenerational travel, and adventure travel.

“All of these are a perfect match to the destination’s attributes and offerings,” he said.

Another strength that the BVI can promote with international travellers is the safety of the destination: the crime rate in the country is among the lowest in the world, and the people of the BVI win high marks for their openness and friendliness towards visitors.

“The geography and the people of the BVI are what make it such a special destination, and that hasn’t changed,” said Pedersen.

“It remains one of the most beautiful places to sail anywhere in the world, and people who have hesitated to return over the past few years are now returning en masse. Even as a tourist you feel as if you a part of the BVI experience rather than a visitor to it. As long as that remains the same, the BVI will remain a gem of the Caribbean.” | BB

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Lady Sarah’s

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THE OUTLOO T

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OK THE FOROUTLOOK REAL ES FOR REAL ESTATE THE OUTLOOK FO

BY EDWARD CHILDS

s we move into 2020, we can reflect on a past year of contrasts. At the macro level, it seems that much of the world has lost its direction. The unresolved issue of Brexit, trade wars between the US and China, proxy wars in the Middle East and the rising crisis of climate change. These are all significant events which are defining how the new year will play out as we move towards the US presidential elections in 2020, an eventual Brexit solution and a world economy which has slowed down after several years of growth. Within the BVI, after an active hurricane season, where several close misses reminded all of the fragility of the islands in the face of a major hurricane, the rebuilding of the BVI continues and progress is made monthly. The reopening of part of the High School in September and Little Dix Bay Resort in January, are both significant milestones that demonstrate the extent of the recovery to date and return to “normality�.

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I

BVI: ECONOMY AND RELATIONSHIP WITH UK

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I

n September 2016, when writing the 2017 edition of the Business BVI’s real estate review, we outlined some of the Brexit choices for the UK, from Hard Brexit to a Continental Partnership, where controlled mobility of labour and access to the single market would allow the UK a voice, if not a vote, in Europe. It seems incredible that three years later, this same discussion is still taking place, albeit with the UK Parliament tearing itself apart, as it tries to define the terms on which it will exit Europe.

Through all of this, the BVI has been managing its relationship with the UK, in part due to the recovery that has been necessary post Irma (Hurricane Irma – 6 September 2017), but also in the face of continued pressure being placed on the UK Overseas Territories to ensure that international financial centres comply with increasingly stringent compliance measures. While the recovery has been continuing in the private sector, the BVI Government has approached the UK with a view to setting out a structure to secure the UK’s offer of a loan guarantee and a revised plan for the recovery. Key to this is the establishment of a new Borrowing and

Real Estate

Steering Committee which will be the body responsible for securing loans under the UK’s guarantee, including negotiating terms for any borrowing agreement within internationally adopted debt sustainability indicators. The BVI Government is also revising the Recovery and Development Plan for the period 2019 to 2023 which is to be tabled in the House of Assembly.

While the impacts of both pieces of legislation have yet to be felt within the BVI, company incorporations, which are the backbone of the financial services industry, remain fragile. After a brief rally in 2018, company incorporations fell in 2019 as shown in Chart 1.

Looking westward, the strength of the US economy will always play a significant role in defining the Caribbean, mainly through tourism but also investment in real estate and industry. While the US economy has enjoyed its longest growth cycle, now in its eleventh year, there are now questions over how long this can continue before a correction occurs. The Federal Reserve cut interest rates three times in 2019, the first cuts since 2008 following concerns about a slow-down in growth, using monetary policy to keep the economy on track. While the American economy is defying global trends, with lower unemployment rates and higher consumer spending, it is trade wars, primarily with China, that have dampened business investment and slowed down manufacturing production in the US. The Federal Reserve is prepared to cut rates further to avoid a recession, should signs of economic slow-down continue, but there are concerns that the fifteen-month trade war will start to impact other parts of the US economy outside of the manufacturing sector.

CHART 1: BVI Company Formations 12 month moving average through Q2 2019

CHART 2: British Virgin Islands: Annual Overnight and Cruiseship Visitors 2006 - June 2019

The introduction of a public register as a result of the UK’s Sanctions and Anti-Money Laundering Act passed in May 2019 will require the BVI to introduce a public registry for companies registered in the BVI, although the requirement will currently only come into play in 2023. Prior to this, the BVI passed the Economic Substance (Companies and Limited Partnerships) Act, 2018 in response to concerns raised by the EU Code of Conduct Group for Business Taxation and the OECD about the economic substance of companies in jurisdictions like the BVI with zero, or near to zero, corporation tax. This law requires certain types of qualifying companies to have economic substance, or a presence, within the jurisdiction.

(12 month moving average)

Annual Company Formations

74,691

80,000

700,000 600,000

60,000 31,008

32,070

500,000 400,000

40,000

300,000 200,000

20,000

Cruiseship Overnight visitors

100,000 0 2006

2008

2010

2012

2014

2016

2018

2020

0

2007

2009

2011

2013

2015

2017

2019

Source: Central Statistics Office, Govt of the Virgin Islands, Compiled by Smiths Gore BVI Limited

With the Virgin Islands Party taking control of the government in the 25 February 2019 election, there has been a new approach to the relationship with the UK which will be addressed in an upcoming constitutional review in 2020. One idea being considered is a “free association” whereby there is a political relationship with the UK but without restrictions on how the BVI governs itself.

While the continued Brexit negotiations make news in the BVI, the UK is seeking to mitigate the eventual impacts of Brexit on the UK Overseas Territories. For the BVI, the hopes are that the impacts will be minimal for a territory which looks to the Americas for much of its inward investment, whether through tourist arrivals or business investment. Concerns over travel restrictions and rights to UK citizenship are mainly unaffected as BV Islanders with UK passports will continue to have 90-day visa-free access to the Schengen area in any 180 days nor will eligibility criteria for British passports change as a result of Brexit. The BVI will, however, lose access to the many sources of financial support which are available through EU grants, although the UK has indicated that it will continue with any EU funding that may be in place, but otherwise lost, in a post Brexit environment.

A slow down or recession in the US economy will have an impact on the Caribbean as well as the world economy, at a time when many islands are recovering from the impacts of category five hurricanes.

Chart 2 shows the impact on tourism in the BVI following Hurricane Irma in September 2017 and the recovery since.

While cruise ship calls have rebounded this past year once the various cruise lines decided Tortola had recovered sufficiently to restart their visits, the over-night tourism industry has taken longer to recover. The charter industry was quick to respond post Irma, with boats being replaced in fleets within weeks and months, and the industry is almost back to pre-Irma capacity both in terms of boats available and bookings. Government needs to take heed of the issues being faced by the yachting industry and ensure that this sector is supported while it continues to rebuild.

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RESORT SECTOR PROGRESS POST IRMA

T

he slower recovery of overnight tourist arrivals is due to the length of time it has taken for the hotel sector to recover from Irma, combined with continued accessibility issues to the BVI from all points of origin.

However, two years after Irma and there are plenty of encouraging signs that the resort sector in the BVI is recovering. Throughout the BVI, home and business owners have been rebuilding, taking the opportunity to strengthen facilities, expand where warranted and replace old with new.

The news that Little Dix Bay Resort, a flagship resort in the BVI, has opened again for business this coming high season is welcome indeed and a much-needed boost to the Virgin Gorda economy. Having first closed in May 2016 for renovations, the resort will once again attract international, wealthy guests whose interests will extend beyond the resort.

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Elsewhere on Virgin Gorda, Oil Nut Bay opened the marina village in April 2019 featuring Nova Restaurant with over water hammocks, pool, boutique and market. Situated in Deep Bay, the restaurant and facilities are open to the public and provide a welcome new venue for visitors and residents alike. Oil Nut Bay continues to expand the real estate offerings with several new home sites available for development post Irma. There are now a total of 26 villas and suites completed on the site with a further 8 private villas under construction.

Construction work at Moskito Island has continued and a number of villas on the island are now scheduled for completion in early 2020. This private island development has set new standards in the Caribbean with respect to inward investment by home-owners in a single project.

In North Sound, work continues on the renovation of Saba Rock, a small island between Prickly Pear and Bitter End Yacht Club.

Scheduled to open in mid-2020, Saba Rock will breathe life back into the eastern part of North Sound which has otherwise remained quiet post Irma following the closure of Bitter End Yacht Club.

The iconic Bitter End Yacht Club will make a comeback in the first half of 2020 when it reopens its marina, waterfront and nautical village. The marina complex will include a two-story, open-air building, featuring a club lounge with expansive views of North Sound. Adjacent to the marina will be the Bitter End Marina Village, including the return of Bitter End’s world-renowned Club Fleet, a beachfront restaurant and bar, private event space, the Bitter End Market and the Reeftique boutique with branded goods. On the heels of the nautical village rebuild, the 64-acre property redevelopment will evolve to include a variety of unique accommodations and hospitality amenities. The return of Bitter End Yacht Club will provide a muchneeded boost to the tourism options in North Sound.

Real Estate

Nail Bay Resort has opened the Sugar Cane Restaurant, a fine dining experience which now takes in the panoramic views west to Tortola, and is developing tennis and squash facilities at the resort as well. In the Valley, Guavaberry Spring Bay has continued its renovation with most of the resort villas now rebuilt while Virgin Gorda Yacht Harbour is completing the renovation of one of the original retail blocks with retail units ready for occupation by the end of the year.

Nanny Cay Resort and Marina’s new marina basin is now well established and the owners have embarked on a replacement of the original floating docks in the old marina, which were swept away in Irma. Once complete, the two marinas will have a combined 325 berths with the docks in the old marina basin matching the quality of those in the new, which was completed just before the hurricane. At the same time, Nanny Cay is upgrading the existing hotel rooms and adding an additional eighteen new rooms to its inventory. The combined investment for both the marina and hotel is in excess of $10.0M. Following the acquisition of Long Bay Beach Resort in 2018, the new owners have been preparing development plans and are now in the final planning stages, prior to commencing construction in the first quarter of 2020. The first phase of development will include the construction and renovation of forty-eight new and existing hotel rooms, the renovation of the existing beach restaurant and the construction of a beach bar and pool.

On Beef Island, hotelier and developer Doug Riegels acquired De Loose Mongoose, a well-known beach bar and restaurant situated on Trellis Bay. With plans to extend the dock and improve the dining and bar facility, the renovated Loose Mongoose will also provide a base within Trellis Bay for the many outer island resort operators who need to transit to access the airport. Riegels already operates Anegada Beach Club, a back to nature establishment on the north shore of Anegada. Popular with visitors and residents alike, the resort was upgraded following Irma, making the glamping structures adjacent to the beach more permanent, whilst retaining the rustic ambience favoured by guests.

While Cooper Island Beach Club remained structurally intact following Irma, the resort took the opportunity to upgrade older structures including replacing the roof on the power-control-room, which suffered damage during Irma with resultant impact on the inverters, batteries and generators that powered the resort. Eighty five percent of the resort’s energy is generated through the photovoltaic system and Cooper Island Beach Club is an industry leader in renewable energy and green technology. The restaurant uses local produce where possible, supporting BVI industry and reducing imports. Glass is crushed on-site with the sand by-product, used in landscaping and aggregate, while an on-site micro-brewery reduces the need to import beers and reduces waste.

Scrub Island is another island resort that withstood the ravages of Irma well; some roof repairs and general sprucing up to freshen up the resort was all that was necessary to ensure the resort could open just six months after the hurricane, the first of the larger resorts to do so while the marina was operational by the end of 2017. Scrub Island has introduced a private plane charter for groups of up to nine guests connecting from San Juan. Having won a Wine Spectator Award in 2019, the resort has rebranded its two dining experiences, introducing Donovan’s Reef and Cardamom & Co to the guest experience.

With progress and development being made in the resort sector, and an increase in the number of overnight visitors, there is a knock-on effect to the remainder of the economy as more tourist dollars are spent within the BVI. Evidence of this is the number of restaurants that have opened this year, either after repairs or as new operations. On Tortola, Seven at the Pier Restaurant has opened its doors at Tortola Pier Park while Sweet & Savoury sushi restaurant commenced operations in a delightful garden location which was formerly a plant nursery in central Road Town. Old favourite Le Cabanon has relocated to the Royal BVI Yacht Club and Bamboushay Lounge has reopened with a new layout on Waterfront Drive. Further afield, in Trellis Bay Jeremy’s Kitchen has finally reopened, joining Marche Bar and Restaurant in servicing the yachts and tourist business on Beef Island.

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While the importance of the seaports in the BVI as a point of entry is evident from Chart 3, the historic passenger traffic through the West End ferry terminal in Sopers Hole demonstrated the importance of the sea link between West End and the international airport in St Thomas as shown in Chart 4. Although tourists could access the BVI from St Thomas via ferry direct to Road Town, the destruction of the West End ferry terminal still negatively impacted tourist arrivals to the BVI. The reopening of the West End ferry terminal in August 2019 to international ferry arrivals from St Thomas will again provide tourists with a convenient link into the BVI via direct flights through St Thomas. The Tourist Board has also announced that they are tendering for a late service ferry from St Thomas to the BVI to service the flights that arrive in St Thomas too late to link with the existing ferry schedule.

ACCESS TO THE BVI

C

CHART 4: How do Overnight Visitors Arrive in Tortola?

entral to the development of the tourism sector in the BVI, is the ability to access the Territory in a timely manner, whether from the Americas or Europe. While the debate over the possible expansion of the airport continues, Irma exposed the BVI to the fragility of the sea ports, particularly the West End Ferry Terminal in Sopers Hole, which was closed to ferry traffic from St Thomas until August 2019 and the Road Town ferry terminal which was closed until May 2018.

Chart 3 indicates the importance of the seaports to overnight arrivals in the BVI and the impact of Irma on those arrivals in the immediate aftermath of the hurricane. At its peak, approximately 340,000 overnight tourists arrived into the BVI via seaports compared to 80,000 overnight tourists arriving by air. Overnight arrivals via seaports fell to just over 100,000 passengers before increasing through 2018 and 2019 as the recovery in the BVI gathered pace. It is noticeable that overnight arrivals by air did not increase to compensate for the fall in those arriving by sea.

CHART 3: British Virgin Islands: Overnight Visitors Arrivals

by Air and Sea Annual moving average Jan 2016 - Jun 2019

400,000

Air Sea

300,000 200,000 100,000 0 2016

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2017

2018

2019

Jan 2015 - Jun 2019

125,000 100,000 75,000 50,000 25,000 0

2015

2016

Beef Island

2017 Road Town

2018

2019

West End

The BVI Tourist Board and Government are continually looking to improve access to the BVI and two recent announcements should help improve airlift this high season. The Premier recently announced that discussions for a seaplane service between Puerto Rico and the BVI were ongoing. Although the details have yet to be published, it is understood that the service would operate initially from Puerto Rico before moving to Tortola and that the first flights should take place before the end of the year. InterCaribbean has also announced that they will commence flights direct from San Juan to Virgin Gorda, commencing February 2020. This will bring much needed airlift to Virgin Gorda at a time when significantly more over-night accommodations have become available on the island.

Two years into the recovery, and the BVI has come a long way both in terms of rebuilding and also with new development within the resort sector. The Government is paving the way to a new relationship with the UK and the forthcoming constitutional review will define this for the next ten years or more. There is still work to be completed to the Territory’s infrastructure, and not all the cracks are as a result of Irma. Lack of adequate investment over the years in many of the public service sectors needs to be addressed and resolving the UK loan guarantee to access funding will be a key to this. As we move towards the end of the hurricane season, the impacts of Hurricane Dorian on the Bahamas are a reminder of the vulnerability of the region to natural disasters. The RDA’s message that we need to rebuild “stronger, smarter, greener, better” has never been more apt.

Real Estate

R • There have been 91 house sales since September 2017 • 63% of sales have been below $500,000 • 89% of sales have been below $1.0M

• There has been one sale above $3.0M (at Oil Nut Bay) • 74% of the sales have been to Belongers

• 93% of sales to Belongers are under $1.0M

• There have been 24 sales to Non-Belongers

CHART 5: Post-Irma BVI Home Sales

Sales Volume, Number of Sales and Median Sale Price Sep 2017 - Sep 2019 $20.00

$1.00 25

$0.80

$15.00

$0.60 $10.00 13

$0.40

10

$0.20 $0.00

19

13

2

Q4 2017

$5.00

Total Sale Volume ($M)

The post Irma home sales market :

R Median Sale Price ($M)

BVI REAL ESTATE MARKET OVERVIEW

eviewing the data for all home sales in the BVI since September 2017, the number of sales per quarter was significant (for the BVI) during 2018 and the first quarter of 2019, since when the number of sales has fallen. The increase in the number of sales was due to the sale of damaged homes post Irma, with vendors taking the decision to exit the market, rather than to try and rebuild. The second quarter of 2019 saw a substantial fall in the number of sales followed by an increase in the third quarter as shown in Chart 5.

4 5

Q1

Q2

Total sales volume ($M)

Q3

Q4

Q1

2018 Median Sale Price ($M)

Q2 2019

Q3

$0.00

13 No. sales in the quarter

Source: BVI Land Registry. Compiled by Smiths Gore (BVI) Limited

The fluctuating number of sales per quarter is partly due to the requirement for Non-Belongers to obtain government consent to sell, even when in contract with a Belonger with the closing date dependent on the time for government to process applications which can take months rather than weeks. The fall in the number of sales in Q2 and Q3 is probably indicative of a tail-off in the post Irma cycle of selling damaged homes. This has been an active market as witnessed by the number of home sales in each quarter, with the majority of these sales to BV Islanders and Belongers.

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The median sale price has fallen each quarter as the market has been dominated by the number of sales below $500,000 reflecting the damaged condition of many of the homes. However, the third quarter of 2019 saw an increase in the median sale value as five of the ten sales in that quarter were between $500,000 to $1.0M. As the market for damaged homes begins to tail off, the residential market should begin to return to more normal conditions dominated by the sale of undamaged or repaired properties.

Agents are reporting that enquiries from overseas investors have been picking up with potential investors more likely to commit to a purchase as the recovery process in the BVI continues. However, there may be an initial slow-down in recorded sales, while the market for damaged property tails off and until sales under normal market conditions start to gather pace. This high season will provide an indication of how the real estate market is performing and whether the number of sales to overseas investors will start to increase, particularly in the higher price bands where there has been little activity.

CHART 6: Post-Irma BVI Home Sales

Number of Home Sales by Price Range Sep 2017-Sep 2019

16 14 12

CHART 7: Post-Irma Home Sales

Number of Sales to Belongers and Non-Belongers Sep 2017-Sep 2019

18 16 14 12 10 8 6 4 2 0

Q4 2017

Q1

Q2

Q3

Q4

Q1

2018 Outer

Tortola

Q2 2019

Q3

Virgin Gorda

Chart 7 outlines house sales to Belongers and Non-Belongers with the former dominating the market with 74% of sales representing 67 house purchases. Local investors kept the residential market active following the 2008/09 economic crisis when overseas investors all but disappeared. Post Irma, Belongers have seized the opportunity to acquire damaged homes, the majority of which would have been owned by Non-Belongers. This market cycle therefore represents an important return of real estate back into local ownership.

10 8

CHART 8: Post-Irma Home Sales

6

By Location Sep 2017-Sep 2019

4 2 0

Q4 2017

Q1

Q2

Q3

Q4

Q1

2018 <$0.5M

$0.5M-$1.0M

$1.0M-$1.5M

$1.5M-$2.0M

Q2 2019

Q3

>$3.0M

Chart 6 shows the post Irma house sales by price range. Of the 91 homes that have sold between September 2017 and September 2019, 57 have been priced under $500,000 representing 63% of the market.

There have been 24 sales between $500,000 to $1.0M representing 26% of the market. There have been just 10 sales in excess of $1.0M representing just 11% of the total villas sold. The third quarter of 2019 was the first quarter where the number of sales over $500,000 equaled the number of sales below $500,000.

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18 16 14 12 10 8 6 4 2 0

Q4 2017

Q1

Q2

Q3

Q4

2018 Outer

Tortola

Q1

Q2 2019

Q3

Virgin Gorda

Chart 8 divides the sales between Tortola, Virgin Gorda and the outer islands (predominantly Great Camanoe, Jost Van Dyke and Anegada).

A total of 71 sales were on Tortola representing 78% of the market with 18 sales on Virgin Gorda, or 20% of the market. There were just two outer island sales. The dominance of Tortola in the market is a reflection of the overall larger home inventory rather than a lack of sales on Virgin Gorda.

Real Estate

Table 2 compares the same data set between Tortola and Virgin Gorda, divided between pre and post Irma villa sales. Asking prices and sale values are higher on Virgin Gorda compared to Tortola, reflecting the historical difference between the two markets, with the Virgin Gorda market dominated by high end villa development catering to the shortterm villa rental market. Post Irma, the differential between asking price and eventual sale price has significantly reduced on each island.

The substantial difference post Irma between average asking price and sale price on Virgin Gorda, compared to Tortola reflects one villa sale at Oil Nut Bay which substantially increased the average asking price and sale price on Virgin Gorda. With very little data to analyze, a single sale can have a significant impact.

September

Year

Villa Sales Analysed

Avg Listing Price

Avg Sale Price

Î&#x201D;%

Avg Years on Market

2019

3

$3,736,667

$3,222,333

-14%

3

2018

2

$3,200,000

$2,450,000

-23%

3

2017

1

$4,037,500

$1,600,000

-31%

4

2016

6

$4,069,167

$2,775,208

-32%

6

2015

3

$7,900,833

$4,849,000

-39%

5

Data includes asset and known share transactions compiled by Smiths Gore (BVI) Limited

TABLE 2 : ANALYSIS OF VILLA SALES ON TORTOLA &

VIRGIN GORDA > $1.0M 2015-2019 September

Post-Irma 2018-2019

As can be expected, the differential between asking and selling price reduced post Irma. Of the five sales that closed post Irma, two of the sales were at the asking price and three were sold within a year of going on the market. Prior to Irma, the differential between asking price and sale price was higher and the average time on the market was considerably longer. While there have been fewer sales to analyze post Irma, the indications are that vendors have been more aware of the pricing necessary to achieve a sale, combined with a more active market, created by the number of damaged properties sold.

TABLE 1 : ANALYSIS OF VILLA SALES > $1.0M 2015-2019

Pre-Irma 2015-2017

Looking closer at high-end villa sales over $1.0M, from 2015 to June 2019, Table 1 sets out the number of villa sales each year, showing the average listing price compared to the average sale price and the average number of years the properties have been on the market. The table excludes a number of villa sales which were sold privately without going to the market, a practice more prevalent post Irma with the sale of damaged property.

Island

Villa Sales Analysed

Avg Listing Price

Avg Sale Price

Î&#x201D;%

Tortola

2

$1,567,500

$1,271,000

-19%

Virgin Gorda

2

$4,987,500

$4,137,500

-17%

218%

226%

Difference Tortola

6

$5,000,000

$2,844,292

-43%

Virgin Gorda

4

$5,913,750

$3,933,125

-33%

18%

38%

Difference

Data includes asset and known share transactions compiled by Smiths Gore (BVI) Limited

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Real Estate

Total Volume of Sales $M

Total Volume $M and Number of Sales Oct 2017 - Sep 2019

F

$8.00

40

$7.00

35

$6.00

30

$5.00

25

$4.00

20

$3.00

15

$2.00

10

$1.00

5

$0.00

Q3

Q4 2017

Q1

Q2

Q3

Q4

Q1

Q2 2019

2018 Volume of Sales $M

Number of Sales

CHART 9: Land Sale Transactions

0

Q3

Number of Sale

In reviewing all property transactions post Irma, the number of land sales that stands out. Chart 9 shows the total volume ($M) and the number of land sales ($M) between October 2017 and September 2019. In total, there have been 164 land sales comprising approximately 84 acres of land and representing almost $38M in transactional value. The average land sale comprises half an acre with the majority of land sales in small sub-divisions. Tortola accounts for 73% of the number of land sales and 66% of the acreage sold.

CHART 10: Number of Land Transactions Belonger and Non-Belonger

40 35 30 25 20 15 10 5 0

Q3 Q4 2017

Q1

Q2

Q3

Q4

2018 Belonger

Non-Belonger

Q1

Q2 2019

Q3

As can be seen in Chart 10, the land market is dominated by Belongers who account for 91% of all transactions. The land transactions combined with the number of houses acquired by Belongers post Irma indicates that there is a healthy local real estate market.

Now in early 2020, the indications are that the real estate market in the British Virgin Islands is emerging from the post Irma cycle of damaged property sales to one which will reflect more normal market conditions, with an inventory dominated by undamaged or repaired houses. The signs are encouraging that interest from overseas investors will continue to build as the recovery gathers pace. The reopening of Little Dix Bay resort on Virgin Gorda will certainly help businesses on the island this high season and increase the number of potential investors looking at real estate within the BVI. What has emerged from this post Irma cycle, is the strength of the Belonger market, who have invested heavily in damaged homes and land. To put this into perspective, the combined transactional value by Belongers in residential land and homes is $46.41M or 49% of all sales since Irma. During the same period, sales of land and houses at Oil Nut Bay and Moskito Island account for a further $32.90M or 35% of total sales while the sales of land and house sales in all other areas of the BVI to Non-Belongers was $15.52M or 16% of total sales.

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OPPORTUNITIES

F

or the investor considering the BVI as a potential destination for a home purchase or larger investment, there are always opportunities available. While the majority of the damaged houses have now been sold, there are still a number of larger properties, at higher price points, that received damage where owners wish to exit rather than repair. Several of these are now attracting interest as ownersâ&#x20AC;&#x2122; price expectations start to match the market. As part of the return to more normal market conditions, there are also fully repaired properties back on the market, at pricing which has not been increased to reflect the additional works that have been completed during renovation.

The BVI real estate market has demonstrated resiliency in the face of the challenges imposed by Irma and has created opportunities for BV Islanders and Belongers. This repatriation of land and property back into local ownership has followed a trend that emerged in the post 2008 economic recession and underlines the growing importance of the local real estate market in the BVI. | BB

Real Estate

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BVI FAST FACTS

Image courtesy of BVI Tourist Board

By Patlian Johnson

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Business BVI Guides

Location

Government

AREA

CAPITAL

COORDINATES

TIME ZONE

57.08 mi2

Road Town

18*30’N 64*30’W

Atlantic Standard Time

The British Virgin Islands, a series of small islands and cays located a few miles east of the US Virgin Islands and about 95 km (59 miles) east of Puerto Rico. It is part of the Leeward Islands in the Lesser Antilles. The North Atlantic Ocean lies to the east of the islands, and the Caribbean Sea lies to the west.

The BVI is a self-governing overseas Territory of the United Kingdom, with the Queen as the Head of State, represented locally by the Governor. The Governor is responsible for external affairs, defence and internal security, the Public Service and administration of the Courts. The ministerial system of government is led by an elected Premier, a Cabinet of Ministers and the House of Assembly. The Cabinet consists of the Premier, four other Ministers and Attorney General as an ex officio member. The Cabinet is responsible for formulating and implementing policy. The House of Assembly consists of 13 elected members, of which nine are tied to electoral districts and four “at large” seats.

Tortola, where the main airport and the capital Road Town are located is the largest island. Other main islands include Virgin Gorda, Anegada, and Jost Van Dyke which can be accessed from Tortola by ferry, private boat and airplane (with the exception of Jost Van Dyke).

There are two main ways to get to the British Virgin Islands. The first is to fly directly to The Terence B. Lettsome International Airport on Tortola (daily flights from Puerto Rico and other Caribbean Islands). The second is to fly to Cyril E. King airport in St. Thomas in the US Virgin Islands (with direct connections from the mainland United States) and then take the ferry to Tortola. There are other connections from North America and Europe via regional and local airlines out of St. Maarten, Antigua and Barbados.

Geography and Climate

TEMPERATURE (Average)

HIGHEST POINT

RAINFALL (Average annual)

28*C / 82*F

Mt. Sage (1,709 ft ASL)

43 in/1,105mm

The British Virgin Islands, comprising of around 60 islands with the exception of Anegada which is flat and composed of limestone and coral, most of the islands are volcanic in origin and have a hilly, rugged terrain. The highest point is Mount Sage at 521 metres (1,709 ft) above sea level located on Tortola.

Legal System

The BVI has an independent legal and judicial system, based on a combination of English Common Law and local statutes, orders and civil procedure rules.

Lower level disputes and petty crimes are resolved in the Magistrates’ Court. More serious matters are dealt with in the Supreme Court (officially known as the Eastern Caribbean Supreme Court, of which the BVI is a member state). Appeals from the Supreme Court lie to the Eastern Caribbean Court of Appeal and the final appeal lies to the Privy Council.

The British Virgin Islands hosts the Commercial Court of the East Caribbean Supreme Court which serves the expanding needs of commercial litigation in the Territory and the Eastern Caribbean. The commercial court hears commercial matters from nine Caribbean nations and territories, including Anguilla, Antigua and Barbuda, Dominica, Grenada, Montserrat, St. Kitts and Nevis, St Vincent, St Lucia and the BVI. The court officially opened on 30th October, 2009 (although it was in operation since May 2009) and specialises exclusively in domestic and cross-border commercial and insolvency matters.

The BVI is now a centre for the resolution of domestic and international disputes. The British Virgin Islands’ Arbitration Act 2013 came into force on October 1st, 2014, making provisions for a modern arbitration centre. The BVI International Arbitration Centre provides neutral, efficient and reliable dispute resolution services. The state of the art facilities offers a variety rooms for hearings and meetings, video and audio conferencing, interpretation and translation services and concierge services.

The Territory has a tropical climate, with year round trade winds and average temperatures of about 28°C. Rainfall averages about 1,105 mm (43 in) per year with the wettest months on average September to November and the driest months on average are February and March. The islands are in the hurricane belt, with the season running from June to November, usually peaking in August, September, and October.

Hurricane Irma

Society

POPULATION (2017)

EMPLOYED PERSONS (2016)

MINIMUM WAGE

31,196

21,182

$6 per hour

Population and Labour Force

On September 6th, 2017, the British Virgin Islands was hit by the strongest hurricane to date in the Atlantic region. The Category 5 hurricane, with sustained winds of 185 miles per hour and gusts of up to 255 miles per hour caused catastrophic damage to the islands.

The Territory’s infrastructure was severely damaged, therefore in the immediate aftermath, electricity, water, and communication services were were severely hindered.

The hurricanes caused varying levels of damage to most of the educational and health facilities, post offices, and fire and police stations.

The financial services sector was in a position to continue operations almost immediately from outside the Territory. However, the tourism sector did not fare as well. Major destruction was recoded for hotels, villas, restaurants, and yachting inventory.

In the two years post-disaster, significant progress has been made in rebuilding the Territory. The Government is in the process of implementing its Recovery to Development Plan which has included major repairs to the road, telecommunications and electricity networks, social services infrastructure such as schools, health facilities, and emergency shelters. Government services have been restored, businesses have rebuilt, and major hotels are reopening.

The population of the British Virgin Islands is estimated at over 30,000 residents. The majority of persons are of Afro-Caribbean decent. Minority ethnicities include Caucasians, East Indians, Middle Eastern, and Asian. The major force driving population growth has been immigration mainly to meet the shortage in local labour supply. Approximately 68 percent of the employed are foreigners thus accounting for a diverse and varied labour force. The Government sector is the major employer followed by the tourism industry, the financial services sector and the construction sector. There has been an increased demand for labour in the construction sector as the country rebuilds post hurricane Irma.

Labour relations in the BVI are governed by the Labour Code, 2010. This comprehensive piece of legislation provides for the framework for the settlement of disputes, health and welfare in the work place, basic conditions of employment including pay, overtime, vacation and sick leave, benefits including the requirement retirement benefits. It also sets out the requirements for foreigner employment under the work permit regime.

Social Security is a compulsory insurance plan to which employers, employees, selfemployed and voluntary contributors contribute. Benefits are paid out when certain contingencies arise including: sickness; maternity; and employment injury. An age benefit is paid out from 65 once the minimum contributions have been made (10 years).

Trade unions are virtually non-existent and work days lost through industrial action are very infrequent. The government has set a minimum wage of $6 per hour.

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Economy

2020 Public Holidays New Year’s Day

Wednesday, 1st January

Anniversary of H. Lavity Stoutt’s Birthday

Monday, 2nd March

Commonwealth Day

Monday, 9th March

Good Friday

Friday, 10th April

Easter Monday

Monday, 13th April

Whit Monday

Monday, 1st June

Queen’s Birthday

Friday, 12th June q

Territory Day

Monday, 29th June

Festival Monday

Monday, 3rd August

Festival Tuesday

Tuesday, 4th August

Festival Wednesday

Wednesday, 5th August

St. Ursula’s Day

Friday, 23rd October

Christmas Day

Friday, 25th December

Boxing Day

Monday, 28th December

MAIN INDUSTRIES

TOURIST ARRIVALS*

ACTIVE COMPANIES*

408,972

402,907

Tourism and Financial Services

GDP GROWTH

INFLATION

US$ 1.1 billion 2.1

CURRENCY

US Dollar

Source: Central Statistics Office, Macro Fiscal Unit and Financial Services Commission *2018 estimates

The British Virgin Islands, a series of small islands and cays located a few miles east of the US Virgin Islands and about 95 km (59 miles) east of Puerto Rico. It is part of the Leeward Islands in the Lesser Antilles. The North Atlantic Ocean lies to the east of the islands, and the Caribbean Sea lies to the west.

Tortola, where the main airport and the capital Road Town are located is the largest island. Other main islands include Virgin Gorda, Anegada, and Jost Van Dyke which can be accessed from Tortola by ferry, private boat and airplane (with the exception of Jost Van Dyke).

There are two main ways to get to the British Virgin Islands. The first is to fly directly to The Terence B. Lettsome International Airport on Tortola (daily flights from Puerto Rico and other Caribbean Islands). The second is to fly to Cyril E. King airport in St. Thomas in the US Virgin Islands (with direct connections from the mainland United States) and then take the ferry to Tortola. There are other connections from North America and Europe via regional and local airlines out of St. Maarten, Antigua and Barbados.

Education

MAJOR SECTORS Tourism At A Glance

Publicly provided education is free at the primary, secondary and now territory levels, thereby facilitating access to all children. Education is compulsory up to the age of 16 and the Education Act, 2004 regulates all aspects of the Territory’s education system, including Early Childhood Education.

Tourist Arrivals 2016 - 2018 (estimates)

Source: Central Statistics Office Overnight Excursionist (Cruiseship and Day Trippers)

The Government’s Ministry of Education operates 17 primary schools and four secondary schools, including a technical-vocational school and a school for disabled students. There are also several private primary and secondary schools; some parochial and some secular.

The H. Lavity Stoutt Community College (HLSCC) is a two-year tertiary institution offering associate degrees in the areas of business, natural science, social services, hospitality, computer studies, marine studies and financial services. Through affiliations with other tertiary institutions, HLSCC also offers degree and master’s programmes in various disciplines. The College also offers specialty courses based on the needs of the labour market.

716,616 421,503 407,764

2016

334,315 2017

216,660 193,312 2018

Tourism

Health

Currently, primary health care is provided by Peebles Hospital and community health centres/clinics on Tortola and the outer islands – Virgin Gorda, Anegada and Jost Van Dyke.

Access to full treatment at the Dr. D. Orlando Smith Hospital from the sister islands can also be achieved when required via helicopter or ferry evacuation.

The ‘new’ Peebles Hospital the now Dr. D. Orlando Smith Hospital which opened at the end of 2014 is a state of the art facility, which offers apart from emergency care, haemodialysis, medical imaging, physiotherapy and laboratory services. Additional medical services such as specialty treatments in dermatology, orthopaedics, plastic surgery, chiropractic care and dentistry are provided by a small private hospital and several private medical clinics.

Patients requiring treatment services beyond the scope of Peebles Hospital are referred to Puerto Rico, the US Virgin Islands, Jamaica, Barbados and mainland United States.

The BVI Health Services Authority, established under the BVI Health Services Authority Act, 2004 is responsible for managing the public health care service throughout the Territory, including the general administration and functioning of the Dr. D. Orlando Smith Hospital and the recruitment and training of health care professionals. The contributory National Health Insurance (NHI) Scheme provides universal affordable health care to all BVI residents.

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With its crystal clear waters and white sand beaches, breathtaking scenery, intricate coral formations, tranquil atmosphere and warm people, the BVI is a popular destination for sports enthusiasts, as well as those who want a peaceful vacation. The largest island, Tortola, is the major hub for most visitors and the starting point for discovering the other islands. Major attractions include the nature trails at Sage Mountain National Park, the huge boulders at the Baths, the pristine waters of White Bay, the wreck of the Rhone and the flamingos at Nutmeg Point. Yearly scheduled activities which attract numerous visitors, include: the Emancipation Festival in August, the Anegada Lobster Festival in November, and the BVI Spring Regatta in April.

Sailing is one of the most popular activities for tourists. The year round trade winds and numerous islands, inlets and cays have given the BVI the title of the ‘sailing capital of the world’. Other water sports, such as scuba diving, snorkelling, windsurfing, kite boarding, paddle boarding and kayaking are also extremely popular.

The BVI is also a popular port of call for major cruiseships. The Tortola Pier Park (renamed the Cyril B. Romney Tortola Pier Park) facility opened in 2016 can accommodate larger cruiseships and the landside development includes shops (international brands and local treasures), restaurants and entertainment.

The Government and private sector continue to rebuild and upgrade tourist attractions and infrastructure post Hurricane Irma. Tourist arrival numbers are expected to pre-2017 levels as the industry rebounds and all the major hotels have reopened and new rooms are added to the inventory. Other infrastructural developments expected in the near future include upgrades to the Terence B. Lettsome International Airport and various ports of entry throughout the BVI.

Business BVI Guides

Image courtesy of BVI Tourist Board

Financial Services

Financial Services At A Glance Incorporations

Source: BVI Financial Services Commission

Incorporations (cummulative active)

Incorporations (annual)

100,000

200,000

Incorporations (annual)

300,000

400,000

Incorporations (cummulative active)

2018

37,415

402,907

2017

32,493

389,459

2016

31,769

416,784

The growth of the financial services sector in the BVI, was mainly due to the success of the International Business Company (IBC) (now known as the BVI Business Company subsequent to the enactment of new incorporation legislation – BVI Business Company Act, 2004) first unveiled 30 years ago in 1984. In later years, the BVI secured business that was redirected from Panama during the Noriega regime and from Hong Kong when it was handed back to China in 1997. The Asian market thus, accounts for a large portion of company incorporations in the BVI. Modern and innovative legislation, a robust regulatory framework, clever marketing, economic and political stability, quality technology and communication facilities and a full range of legal, banking and account services have contributed significantly to the continued growth of incorporations. Closely related sectors, such as captive insurance, investment business (mutual funds), trust and estate formation, company management, corporate restructuring, securitisation, insolvency and shipping and trademarks have developed.

The industry is regulated by the Financial Services Commission (FSC) which is an autonomous body responsible for the licensing, regulation, supervision and inspection of all financial services business.

Marketing and promotion of the products and services of the financial services sector is conducted by the BVI Finance (formerly the International Finance Centre)

FINANCIAL SERVICES

2017

2018

8

7

Trust (general) Class I, II & III

109

100

Trust (restricted)

57

54

Company Managers

18

17

Money Services/Financing Business

4

4

Captive Insurance

111

73

Domestic Insurance

40

39

Insurance Managers

11

10

Banking and Fiduciary Banking (general and restricted)

Insurance

Mutual Funds (active) Professional

1007

955

Private

340

329

Public

48

44

Foreign

6

6

Incubator

41

66

Approved

57

98

27

27

Insolvency Practitioners Source: BVI Financial Services Commission

The Financial Investigation Agency (FIA), which was launched in 2004, functions as a specialist investigative law enforcement arm of the government with the objective of curbing financial crime. Its primary focus is to investigate the BVI financial services industry and support the Virgin Islands mutual legal assistance regimes.

The BVI London Office and the BVI Asia House in Hong Kong were commissioned to establish a presence in Europe and Asia, to take advantage of economic opportunities not limited to financial services and tourism.

The Financial Services Implementation Unit (FSIU), was established late 2015, to put into effect the recommendations of a report outlining a strategic plan to chart the future of the financial services industry with the goal of securing the future of the industry. The recommendations centre on attracting value-added services, labour and immigration reform, strengthening business development and attracting investment in infrastructure.

Business Companies The BVI is one of the largest centres for the incorporation of business companies, with around 1 million companies incorporated since the enactment of the International Business Companies (IBC) Act in 1984. Over 400,000 are still active today. Because of the flexibility of its use, BVI business companies have been used in a plethora of business transactions and structures, including structured finance and securitisation, succession planning, IPOs and listings on stock exchanges and joint ventures etc. The incorporation regime has changed somewhat with the introduction of new company legislation – the BVI Business Companies Act, 2004 which replaced the IBC Act repealed on January 1st, 2007. The core features of the IBC Act, which made it a success, remain along with improvements to ensure the longevity of the Virgin Island’s market share. The new Act for instance widens the range of corporate vehicles available for use, simplifies the statement of capital and the registration of charges.

Effective January 2018, the incorporation fee and annual fee payable to maintain a standard company authorised to issue up to 50,000 shares increased from US$350 to US$450, and for a company authorised to issue more than 50,000 shares, from US$1,100 to US$1,200.

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Insurance (Captive)

Banking

Other Developments Financial Services

The BVI captive insurance market is one of the fastest growing and largest in the world with the majority of business originating from the United States. Other countries of origin include Guernsey, Taiwan, Switzerland, the Middle East and South America. In addition to this excellent geographic spread of business, there also has been a significant distribution of captives from an industry segment standpoint.

The captives cover the following industries: finance and insurance, construction, health care and retail trade. The domestic insurance market is, however, smaller in comparison.

The new Insurance Act, 2008 which replaced the 1994 provides a modern structure for licensing, supervision and administration of insurance business in the Virgin Islands while simultaneously meeting international insurance standards. The Insurance Regulations 2009 which replaced the 1995 regulations provides clarity on details relating to insurance business in and from within the BVI. Both came into force on February 1st, 2010. More recently the Insurance (Amendment) Act and Regulations 2015 provide greater flexibility for captive insurers with the introduction of two new categories for captive licences.

The Virgin Islands is characterised as a conservative banking jurisdiction. At the end of 2018 there were 7 banking institutions licensed to operate in and from within the BVI with total assets of approximately US$2.5 billion. The domestic market is serviced by six commercial banks which offer a wide range of competitive services: Scotia Bank (BVI) Limited, First Caribbean International Bank, First Bank Virgin Islands, Banco Popular de Puerto Rico, VP Bank (BVI), the National Bank of the Virgin Islands and the Bank of Asia. The banking sector is regulated by the Financial Services Commission under the Banking and Trust Companies Act, 1990 and subsequent amendments.

Economic Substance Requirement

Investment Business The BVI is one of the premier jurisdictions for fund domiciliation and is now is regulated by the Securities and Investment Business Act (SIBA) and Regulations which came into force on 17th May, 2010 replacing the Mutual Funds Act 1996 (as amended 1997). SIBA sets out the new legislative framework under which the Financial Services Commission (FSC) regulates individuals, mutual funds and other investment related entities conducting business in and from within the BVI. Persons such as investment advisers, those dealing in investments or arranging dealings in investments, managers, custodians, those providing administration services with respect to investments, and operators of investment exchanges are now required to be licensed. SIBA introduces the authorised representative regime where all BVI funds are required to appoint an authorised representative resident in the BVI and licensed by the FSC. SIBA also provides a framework for dealing with insider trading and market abuses.

The BVI continues to update its regulatory regime to meet the needs of stakeholders.

The Approved Managers Regime came into force at the end of 2012 and creates a new regulatory environment for fund managers by reducing the regulatory burden under SIBA. The SIBA (Amendment), 2012 facilitates the new regulations for the Approved Managers Regime.

The FSC has created two new regulated fund categories – incubator fund and approved funds. They were created in order to provide more flexibility to smaller and start-up financial services businesses. Under the new fund categories, managers and principals of smaller, open-ended funds may be approved to conduct business within a lighter regulatory framework.

The Securities and Investment Business (Incubator and Approved Funds) Regulations 2015 come into force on 1 June 2015.

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Insolvency The Virgin Islands boasts a modern comprehensive insolvency regime that meets the needs of the growing incorporation, investment and financial services activities in the BVI. The governing legislation, the Insolvency Act 2003, makes provisions for the licensing and regulation of insolvency practitioners a wide range of liquidation and rehabilitation alternatives, a director’s disqualification regime and the establishment of an Official Receiver’s office.

Trust Management Trust Management forms a major component of financial services activity in the Virgin Islands.

Revised legislation, together with the highly flexible BVI Business Company, has opened up wider markets for the BVI trust.

Trusts are formed under the Trust Ordinance 1961 (based on the English Trustee Act 1925), as updated and amended by the Trustee Amendment Act 1993 and 2003. The amendment Acts considerably modernise and update the legislation, creating a more flexible regime for trusts. Changes include provisions to make trusts more attractive in a commercial context and a new set of conflict of law rules that contain robust, comprehensive, and carefully crafted provisions to protect BVI trusts against “forced heirship” claims. In addition, the rules surrounding trust duty have been updated to make it clear what documents are subject to trust duty and how this must be paid. At the same time, rules which require no public register of trusts is retained, thereby protecting confidentiality.

The Virgin Islands Special Trusts Act, 2003 (VISTA) is another piece of legislation which updated the trust regime. VISTA Trust, overcomes many problems associated with the “prudent man of business rule”, which typically made trusts unattractive vehicles to hold assets which settlers intended trustees to retain. The Act enables a shareholder to establish a trust of his company which disengages the trustee from management responsibility and permits the company and its business to be retained as long as the directors see fit.

The majority of Virgin Island trusts are exempt from all taxes, provided there are no beneficiaries resident in the BVI, and that the trust does not conduct any business in the BVI or own any land in the jurisdiction.

There is a large and sophisticated community of professional advisers on trust matters in the Virgin Islands. Companies offering trust services must be licensed under the Banks and Trust Companies Act, 1990.

The British Virgin Islands passed the Economic Substance (Companies and Limited Partnerships) Act, 2018, which addresses the European Union’s concerns about entities in financial services jurisdictions like the BVI over their ability to demonstrate “economic substance”. It came into force January 1, 2019.

The Act outlines which entities need to comply and what are their obligations.

Entities that conduct ‘relevant activities’1 and ‘core income-generating activities’2 are subject to the ‘economic substance’ requirements. Relevant activities include: Banking business; Insurance business; Shipping business; Fund management business; Finance and leasing business; Headquarters business; Holding business; Intellectual property business; and Distribution and Service Centre Business.

Section 8 of the Act identifies further economic substance requirements.

The Act also introduces additional reporting obligations to ascertain ongoing compliance. The BVI International Tax Authority (ITA) is the ‘competent authority’ under the Act and is responsible for enforcing the economic substance requirements. Entities must be able to show that they have an adequate level of employees and expenditure in the BVI and appropriate physical offices or premises for the core income generating activity.

On April 23, 2019, the ITA published a draft Economic Substance Code. This contains rules on how the economic substance requirements may be met and guidance on the interpretation of the legislation and the manner in which the ITA will carry out its obligations and is a supplement to the Economic Substance (Companies and Limited Partnerships) Act, 2018.

1

Section 6, The British Virgin Islands passed the Economic Substance (Companies and Limited Partnerships) Act, 2018 Section 7, The British Virgin Islands passed the Economic Substance (Companies and Limited Partnerships) Act, 2018

2

Shipping As the sailing capital of the Caribbean and an esteemed corporate domicile, the Virgin Islands is also a popular jurisdiction for the registration of ships. As a Category One Register, within the Red Ensign Group, large vessels of unlimited tonnage and mega yachts of up to 3,000 gross tons can be registered in the Territory. In both instances, the owners must be a Virgin Islands citizen, British citizen, British Overseas Territories Citizen, British subject, a British national under the Hong Kong Order 1986, a national of a European Union member state, or a body corporate incorporated in a member state of the European Union or a British possession, including the Virgin Islands. If you do not meet the nationality requirement, you may register a company in the Virgin Islands in order to register a vessel.

Registration procedure also requires the de-registration of the vessel from its current registry, a survey of the vessel and the submission of ownership documents to the Registrar of Shipping. The registration fee is $550, and an annual fee of $100 is payable to maintain registration. In addition, there will be legal fees charged by the firm you choose to assist you with registration.

Tax Information Exchange Agreements A Tax Information Exchange Agreements (TIEAs) is a bilateral agreement that has been negotiated and signed between two countries to establish a formal regime for the exchange of information relating to civil and criminal tax matters.

The purpose of TIEAs is to promote international co-operation in tax matters through exchange of information. TIEAs grew out of the work undertaken by the Organisation for Economic Cooperation and Development (OECD) to address the lack of effective exchange of information among financial centres.

Information exchange is based on requests relating to specific criminal or civil tax matters that are under investigation.

The BVI has a long tradition of providing legal assistance to foreign regulatory and law enforcement authorities and continues to be committed to the OECD’s principles of transparency and effective exchange of information. Under the guidelines provided by the OECD and the new international tax standard emanating from the G-20 Summit in April 2009, jurisdictions are required to sign at least 12 TIEAs. To date the BVI has signed 28 TIEA’s.

The BVI has agreements with Ireland, the Netherlands, Curacao, St. Maarten, Aruba, the United States, the United Kingdom, Australia, New Zealand, France, the Faroe Islands, Greenland, China, India, Germany, Poland, Portugal, the Czech Republic, Guernsey, Isle of Man, Canada, Japan and South Korea and the Nordic group of countries Sweden, Norway, Finland, Denmark and Iceland.

The International Tax Authority (ITA), established under the Ministry of Finance, is the Competent Authority in respect of all matters relating to Tax Information exchange. It ensures that the BVI effectively exchanges tax information with other countries under the laws of the Virgin Islands and the relevant TIEAs.

Business BVI Guides

Government Listings Government Ministries and Departments Central Administrative Complex Road Town Tortola British Virgin Islands Website: www.bvi.gov.vg Premier’s Office Tel: (284) 468-2152 Fax: (284) 468-3294 E-mail: premieroffice@gov.vg Ministry of Finance Tel: (284) 468-2144 Fax: (284) 468-3299 Email: finance@gov.vg Ministry of Health and Social Development Tel: (284) 468-2174/2282 Fax: (284) 468-4412 E-mail: ministryofhealth@gov.vg Ministry of Transportation, Works and Utilities Tel: (284) 468-2183 Fax: (284) 468-3090 Email: mcw@gov.vg Ministry of Natural Resources, Labour and Immigration Tel: (284) 468-2147 Fax: (284) 468-3321 Email: nrl@gov.vg Ministry of Education, Culture, Youth affairs, Fisheries and Agriculture Tel: (284) 468-2151 Fax: (284) 468-3343 Email: mec@gov.vg Immigration Department 2nd Floor RJT Edifice Building Wickham’s Cay 1, Tortola Tel: (284) 468-4700 Fax: (284) 468-4729 E-mail: immigrationinfo@gov.vg Labour Department 2nd Floor, Ashley Ritter Building Road Town, Tortola Tel: (284) 468-4707/4780 Fax: (284) 468-2570 E-mail: labour@gov.vg

Statutory Bodies/Associated Agencies

Image courtesy of BVI Tourist Board

Real Estate Buying and Selling Property in the BVI Foreigners planning to purchase property in the British Virgin Islands, require a NonBelonger Land Holding License. Agreements to purchase property are therefore made contingent upon such a license being obtained by the purchaser. Application for a NonBelonger Land Holding License is made to the Government of the British Virgin Islands, Ministry of Natural Resources and Labour.

If the application for a license relates to undeveloped or partly developed land, the applicant will be required to make a commitment to the Government of the British Virgin Islands to expend a specified sum on development within a specified time period.

The purchase of property by all persons, including citizens and foreigners is subject to a Government stamp duty subsequent to transference of the property. The rate of 12% of the purchase price or appraised value whichever is higher, is payable by any foreigner and citizens are required to pay 4%. The stamp duty on leaseholds is lower.

Other costs associated with the purchasing of property in the BVI include: legal fees (usually between 1.5% to 2% of the purchase price), bank fees, 10% deposit to the seller’s agent to be held in escrow on the signing of the purchase agreement, pending acceptance and completion.

There are no restrictions on an overseas investor re-selling a developed property. The property must however, be advertised for four weeks in the local press to give any local person the opportunity to purchase on the same terms. | BB

Financial Investigations Agency Ritter House Wickhams Cay II Road Town, Tortola Tel: (284) 494-1335 Fax: (284) 494-1435 E-mail: info@fiabvi.vg Website: www.fiabvi.org BVI Finance Cutlass Tower, 4th Floor Road Town, Tortola Tel: (284) 852-1957 E-mail: info@bvifinance.vg Website: www.bvifinance.vg BVI Tourist Board 3rd Floor, Eureka Geneva Building Road Town, Tortola Tel: (284) 494-3134 Fax: (284) 494-3866 E-mail: info@bvitourism.com Website: www.bvitourism.com The BVI Commercial Court Old Banco Popular Building Main Street Road Town, Tortola Tel: (284) 468-2724 Fax: (284) 468-2729 cdecsc@gov.vg

Financial Services Commission Pasea Estate Road Town, Tortola Tel: (284) 494-1335 Fax: (284) 494-1435 E-mail: webmaster@bvifsc.vg Website: www.bvifsc.vg Telecommunications Regulatory Commission 27 Fish lock Road LM Business Centre 3rd Floor Road Town, Tortola Tel: (284) 468-4165 Fax: (284) 494-6786 E-mail: contract@trc.vg Website: www.trc.vg Virgin Islands Shipping Registry 2nd Floor RG Hodge Plaza (Old Traffic Building) Road Town, Tortola Tel: (284) 468-9646 Fax: (284) 468-2913 E-mail: vishipping.gov.vg Website: www.vishipping.gov.vg BVI International Arbitration Centre Ritter House Wickhams Cay II Road Town, Tortola Tel: (284) 340-9002 E-mail: info@bviiac.org Website: www.bviiac.org Government Overseas Offices BVI London Office 15 Upper Grosvernor Street London WIK 7PJ United Kingdom Tel: + 44 207 355 9570 BVI House Asia Suite 5106, 51/F., Central Plaza, 18 Harbour Road, Wanchai, Hong Kong Tel: (852) 3468 8533 Fax: (852) 3107 0019 BVI Tourism Offices New York 1 West 34th Street Suite 302 New York, NY 10001 Tel: 800-835-8530 / 212-563-3117 Fax: 212-563-2263 E-mail: info@bvitourism.com Los Angeles 6601 Center Drive Suite 500 Los Angeles, CA 90045 Tel: 213-304-2993 United Kingdom 15 Upper Grosvenor St. London W1K 7PJ Tel: + 44-207-355-9585 Fax: + 44-207-355-9587 E-mail: info@bvi.org.uk

Emergency Numbers Police, Fire & Ambulance Virgin Islands Search and Rescue BVI Electricity Corporation Fire and Rescue Hospital Police Headquarters Water and Sewage

999 / 911 / 112 767 / 499-0911 494-3911/3912 468-4267/4268 852-7500 494-3822 468-5766/5901

PUBLISHER’S NOTE: All of the information in this guide has been carefully collected and prepared, but it still remains subject to change and correction. Use these contents for general guidance only and seek extra assistance from a professional adviser with regards to any specific matters. Readers can contact the relevant authorities mentioned in this Fast Fact Guide.

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The British Virgin Islands

Guana Is

Wyndham Lambert Bay

Tortola White Bay Villas & Seaside Cottages

Jost Van Dyke Tortola Cruise Ship Pier Sebastian's On The Beach

Fort Recovery Beachfront Villas & Suites

Peter

Peter Is

Norman 106

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Anegada

sland Bitter End Yacht Club

Great Camanoe

Scrub Rosewood Little Dix Bay

Guana

Scrub Island Resort, Spa & Marina

Terrance B. Lettsome International Airport

Virgin Gorda

Ginge r

Cooper Island Beach Club

Salt

Virgin Gorda Airport

Cooper

sland Resort and Spa

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The Decider

DAVID V. JOHNSON WANTS YOU TO VISIT OIL NUT BAY RESORT An investor conversation

In 2006, long-time Michigan developer David V. Johnson and his wife Pam ended a six-year journey when they chose Oil Nut Bay, Virgin Gorda, BVI for what he calls his “grand finale:” a 400-acre resort of up to 100 villas, where they would live for the rest of their lives.

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Since then, they have faced daunting obstacles: The Great Recession arrived around the time they purchased the property, and a Category 5 hurricane in 2017. Today, however, the resort is booming. With a spend to date of in excess of $400 Million (more than 32 villas have been completed, with 10 more under contract, along with roads, infrastructure, and two restaurants), David is ready to show the world what Oil Nut Bay and the British Virgin Islands have to offer.

Late Fall last year, David sat with Business BVI to discuss the resort’s past and future.

The Decider

What keeps you up at night 12 years into the development of Oil Nut Bay? That’s a complicated question, because it’s really a “How did I get here and what was the goal?” I’ve done 43 developments over 40 years. And this was six years of going to 13 countries to decide where I want to personally spend the rest of my life for Pam and I. So this became, “We want the best place for us and a few special people.” This is not a big real estate project, it was and is a very personal journey. It’s going to have a minimum of 50 independent villas and not more than 100.

Fifteen years ago, 2004, is when I came in and met with the BVI and [then-Premier Dr. D. Orlando Smith]. I gave my word that I would build this in 2006, and then we ran into the worst economy in the history of the world since the Great Depression. There was a global economic crash in 2008. And November 26, 2008 is really when we bought up 400 acres — with Lehman bankrupt, Dow at 7,400 — and then started up full blast.

Everybody thought I was completely crazy.

It was a very personal commitment, because no banks, no one believed that anything could be built. I wasn’t under some giant corporation coming out of New York. All those had gone bankrupt throughout the Caribbean. So from the beginning, using the willpower and determination and personal capital to build what’s here. What keeps me up at night is that this is the best place in the Caribbean, however it’s the most difficult to get to. So creating better air access is absolutely critical for the future of tourism.

After Irma, we were determined to leap forward

and not only restore but go way beyond. Now with all of the infrastructure completed, we’re building spec homes for a world that wants instant gratification. We really just got to the point where it’s time to go tell the story to the outside world and bring them here. We’ve been very quiet about it, and kind of waiting for people to walk in. Well, we need to accelerate that and create momentum and show them what’s been done here, and have them come and see it.

One of the major things that also keeps me awake at night is we need a thriving, healthy local community. We have to continue to focus on the schools, quality of education, and quality of life for all people in the BVI, because we need everybody to make it work. It needs to be attractive for people to come here to work and live. You talk about a labour shortage in the United States: There’s a major labour shortage here.

We need to have a warm, welcoming attitude from business and government to bring people in to do the jobs because there’s not enough people here to do the jobs. We need to create an environment for people who are living here now and who have been here for their whole life — Belongers and everybody else — but also to attract an ongoing high quality workforce. You can’t do that by just quadrupling work permit fees.

As a developer, you did extensive research around the Caribbean in trying to decide on the best location for your development. Why did the BVI end up on top of your list?

We decided to make it an interesting, fun and educational journey. We built a yacht, planned out a course

of action, and went to 13 countries to say, “Let’s get it right.” We wanted a 10-month season of 80 to 82 degrees, as as a result of my broken neck I cannot handle the cold in Michigan in the wintertime, nor can I handle 90 degrees, because it takes me 10 times the energy to walk is it does somebody else.

We said our goal was government stability and safety, no corruption, physical beauty, and usability of the water. We spent two years looking at the Bahamas because of its proximity to

she was young, wanted to go where there were kids. So we wanted to build what we could share with others, but create a completely different paradigm to any typical resort development, in that we would have no branded hotel.

It’d be a collection of unique villas, kind of like Mustique, except that they’re in harmony with the land, and not to exceed 15,000 square feet. It’s not, “I’m going to show you how rich I am.” Our theory was you create these different neighbourhoods inside of the 400 acres.

We need to have a warm, welcoming attitude from business and government to bring people in to do the jobs because there’s not enough people here to do the jobs.

the United States. Everything I do is science and art. The science side of the Bahamas is that the ocean is 11 feet deep and it’s cold at Christmas because it’s so far north. So when the water heats up to 90 degrees, which it does in April, the air temperature generally stays above 90.

What people don’t realize is that water depth and wind control the air temperature.

The vision was, I wanted the effects of a private island, because I own another private island, but I live there alone: My daughter, when

Back to how we got to the BVI, government stability was essential, financial services was a big part of it, and there was a long history of tourism.

The tourism industry was tired, with Little Dix Bay 40+ years old. Sir Richard Branson on Necker had done and continues to do a masterful job marketing Necker, which is the number one global island destination.

I wanted a collection of owners who had like values for the environment and land and sea, and were interested in being part of a generational family

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We wanted enough land where we could have our own master plan, our own architectural guidelines, and make a difference.

community, with a sense of responsibility to land and sea to make it better and to be part of the community.

We ruled out the French islands over real estate title issues. We ruled out Dominica because it was underdeveloped: It was almost like Jurassic Park.

We looked at the history of each country. My 30-year mentor was Rich DeVos, who had a long history in the BVI and formerly co-owned Peter Island. Their family exited Peter Island, but he continued to come to me and say, “I did what you’re doing.

The BVI is the best place.”

In the BVI at that time, it took two years to buy a house, and we went to the government and said, “You need to create exit value for your whole country. We think it’s in your best interest — not for David Johnson or our development that we want to create, but for the country — to change the land holder licence process to 90 days automatic transfer of title, as long as nobody has a criminal history and they have clean money.” The wisdom of the leadership of

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the country to do that and to open up telecommunications were very positive steps and that was another reason. But really, the determining factor besides physical beauty was the tremendous people of the BVI and the culture and the long history. So over six years, we narrowed it down, continued to come back here, and then made the commitment to be long-term BVI Residents.

Tell us about the first time you came to Oil Nut Bay. Was it love at first sight?

I came by boat. I’d done a tremendous amount of homework. We rented a house — Steele Point on Tortola — and then rented a helicopter and researched every single Island, every single piece of property over 100 acres. We wanted enough land where we could have our own master plan, our own architectural guidelines, and make a difference. I didn’t want just a house for myself.

I wanted a community where we could create something that would be totally unique.

I landed in a helicopter

and then rode around in a dump truck. I flew round and round and round in my helicopter, I went around it by boat, and fell in love with both Oil Nut Bay and North Sound. The neighbourhood of North Sound is what’s completely unique, when you combine Necker, Eustatia and everything in North Sound.

The goal was also — since I had a megayacht — to create and pioneer long-term destination for megayachts.

Where are you now with realising the vision that you had 15 years ago for Oil Nut Bay? Has that vision evolved and tweaked?

I’m extremely proud of everything we’ve accomplished. It’s perfected every day. Because I have no partners and no debt, we can have a meeting and say, “The Ridge villas are sold out; what are we going to do?” And we can take an area like the Boulders on the wild side and change the product type, - lot size and price. That gives us the ability to be nimble to react to changes in the market. I don’t have to go

get approval from financial partners or banks.

I’ve become more and more personally embedded into the community. I am a BVI Resident and I am proud every day. I’m extraordinarily proud of rebuilding the Robinson O’Neal Primary school: Not only rebuilding what was there, but making it a state-of-the-art Category Four hurricane structure with windows, air-conditioning, microwaves and televisions in the rooms, and desks and furniture — the project budget doubled from conception to completion.

Putting medical equipment in a Virgin Gorda hospital, or leading the charge on a VISAR boat and continuing to play a role to provide leadership by example, I think, is among the best ways to demonstrate commitment.

Through the North Sound Foundation, everything we do, we do it as quietly as possible to let the acts speak for themselves, versus talking about it and pounding our chest about it. We had tremendous financial support from our Owners through the North Sound Foundation, but we’re part of a coalition

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of the neighbourhood and lots of big players throughout the BVI that play a critical role every day.

Look, I live here nine months a year. And when I’m not here — you know, I may be riding my horse in Michigan, which is my freedom of movement and legs from the broken neck — I’m thinking about it every day: how to make it better. This is not business anymore: This is a personal endeavour to do as much as we can to make the BVI stronger, Virgin Gorda stronger. It’s now a mission to create the most unique neighbourhood in all the Caribbean, if not the world.

Fifty percent of my time goes into people. We’ve got almost 100 full-time staff that are a combination of Belongers and the greatest leadership team that can be assembled in a challenging place to live and work.

Is there one decision that you could put your finger on in terms of being the most challenging in making this a reality?

In 35 years, I’ve never been to court before this: when we bought out our 50 percent partner at their insistence in early 2007 , and then they came and wanted an extra $40 million four months later. We ended up asking for arbitration and then defending ourselves in court and prevailing. The decision to buy it and go forward on November 26, 2008, in the bottom of the world economic collapse , versus taking $25 million of award of damages and walking away with the money was a life-changing, monumental decision and a total commitment to say, “I’m here for good.”

The next major decision was not waiting for insurance in

It’s now a mission to create the most unique neighbourhood in all the Caribbean, if not the world.

2017 — not waiting for anything — and personally coming back here five days after the hurricane and saying, “We’re rebuilding everything.” We took care of all of our owners. All of our owners are champions of what we did. We’re very proud that our owners see the wisdom of rental management in bringing tourism, and we now have enough homes built where we can host groups. We have one coming in tomorrow of some of the most successful people.

They’ll be here for five days.

Virgin Gorda itself has a unique and well-established brand globally in the resort and the travel space. How has Oil Nut Bay, in your estimation, enhanced that?

The BVI, and especially Virgin Gorda, are long-established global tourism destinations. Virgin Gorda was really put on the tourism map in the sixties by Laurence Rockefeller creating Little Dix Bay. He did it in an environmentally sensitive way, where he created national parks as part of it. I look at it and say, “Okay, here’s the history, but how can we do this to really create a community in harmony with the goals and objectives of the BVI, which is to maintain pristine physical beauty?

So that it’s not overdeveloped, and that it is really developed as primary single-family homes versus timeshare,

fractional ownership, and that kind of thing.” We looked at it and said, “Is there an opportunity here to take this to another level?”

Our competition really was St. Barths and Hawaii. We said, “Look, is it possible to create a new generational community that’s extremely low density?” We were permitted for 400 [villas] — encouraged by the government to build 400. Nobody could believe that on 300 acres, we were going to put 88, and now on 400 we’re basically at 100 — so a fraction of what could possibly be, with 50 percent of the land in permanent green space. The amount of attention to infrastructure and detail doesn’t exist in very many places on earth. Roads have seven conduits through solid granite under five miles of colour concrete, now with fibre running. When I came down here the first time, we couldn’t get cell phone signals, let alone satellite signal on a phone.

Now we can stream Netflix. It’s pretty amazing, the transformation.

We looked at it and said, “Is it possible to take the historical values that exist, the physical beauty that exists on Virgin Gorda, and then create a price point that went from two to fifty million — that didn’t exist at that time except on Necker or very few individual homes — and create a global destination with Oil Nut Bay?”

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We are every day working to get to carbon neutral; have solar throughout Oil Nut Bay. Our owners are only allowed to have electric vehicles. We will get to all electric. We have the Community Stewardship Organisation.

That is 0.4 percent of every one of our sales — developer sales and forever on resales — that goes into the Community Stewardship Organisation that puts on environmental seminars, funds You have to have the the Nut House and Nature determination to bring Centre programming. It’s our the vision to reality, goal to instill into children and you have to have the and grandchildren a sense of courage to police the responsibility to land and sea by vision. bringing in the world’s experts or doing special projects and also everyday best practices. We just had 150 Hawsbill Turtles hatch on the beach. That’s been very successful, and that manages the 50 percent of open space that we have.

In terms of the Oil Nut Bay customer, how do you thread the needle between the baby boomers and millennials?

That’s a great question. We want anybody of any age who shares our values for land and sea, and for the fact that we’re a generational family community that’s focused on land and water and activities and in leaving the BVI better than we found it. So how do we do that? The answer is that unlike other places, we have gone out and said, “We encourage you to be part of the neighbourhood.” This isn’t like the old theory of a private club, where somebody comes here and shuts everybody out.

No matter how successful people are, they want value. We deliver the best services at the best price with the lowest dues, and encourage them to then go out and experience all the other opportunities in the BVI: restaurants, CocoMaya, Cooper Island and Saba Rock. Fifty percent of our owners have never owned a boat. Unlike what people may think, only two have their own private jets: They’re flying commercial to arrive here. That’s why air transport is so critical, especially for renters.

Most importantly, we’ve differentiated the options of ownership on the site with 10 different neighborhoods so that you can have a two-bedroom and it’s next to a sixbedroom. We don’t have the lord and serfs.

Everybody fits together, shares values. So how is that played out? Well, in 10 years that demographic is that we’re about one third 45 years old and younger with children. We’re one third European, one third under 45 years old with kids and the remaining is 40 to 80

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with kids and with grandkids.

We make it fun and educational. We are youth focused. If a kid can come here and be thrilled to have fun while (s)he’s learning how to leave the world a better place, then we’re a success. Our people share those values. That was evident by their contributions to the North Sound Foundation and to the greater community.

We want the world’s best architects. Any architect and any builder can come here to build with our master plan and architectural guidelines, which we’ve perfected over 40 developments in 40 years.

We have the first master deed ever recorded in the BVI, which restricts 10-acre parcels from being subdivided. That is an extensive document which permanently restricts the land to one-storey homes, with walk out lower levels in harmony with nature that are substantially stone and either copper, slate, synthetic

thatch, cedar shake or green roof. We don’t have anything against a four-storey white house or pink house: It just can’t go in Oil Nut Bay. What I’ve learned through the years is you have to have a Vision. You have to have the determination to bring the vision to reality, and you have to have the courage to police the vision. We want individual architectural statements. Every house is different. And we have that.

But when an individual architect wants to go off the rails to make his one house, you know, three stories, we go to him and say, “With all due respect, go someplace else.” People are shocked when we do that. And we’ve done that and refunded land deposits and said, “This isn’t for you.” So now what we have is a very well established marketplace with sold values that are multiple times higher than anything else in the BVI except for Mosquito

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You have to have the determination to bring the vision to reality, and you have to have the courage to police the vision.

build it, and he’ll give you the strength to rebuild it.”

developed by Sir Richard with 10 total homes, with which he’s done a great job. Now we have built over 40 homes here and have major investments from our owners with over a million dollars a week going back into the BVI economy.

We have 41 existing owners. Some own a few properties. Our goal is to now tell the world, “Bring them here,” and together with the BVI government and tourism, accelerate the pace here. Because the infrastructure’s here. The resort core is finished. It’s quiet enjoyment.

We’re a fully operating resort with two restaurants and about to open a third.

Are there any lessons learned? If you had to do this all over again, are there two or three things you would say, “I would do differently”?

My life is based around this. The reality of success is continuous improvement. You don’t believe your press releases at the top and you never give up at the bottom. Wherever we’re at, we are continually evaluating how to make it better and adjusting.

There is a tremendous housing shortage and labour shortage in the BVI now with Little Dix Bay opening back up with more to come. I take tremendous pride, even though

it was extremely costly, that we never laid anybody off. We kept everybody working right from the hurricane on: took care of their families, took care of the people on Virgin Gorda. And we just had a company meeting and said, “This is a family. We need to be together. We’re going to add some new people, but we want to keep everybody we’ve got.”

It was heartbreaking to see the damage from the hurricane. Ten years of my life had been spent to make this place perfect, and it was perfect. And somebody calls me up and says, “Don’t ever come back. It’s not worth it.” Everything we’ve done is science and art, and the science paid off: We had no structural damage except for some houses that were under construction.

But lost landscaping, we had broken glass There’d been nothing like this in 400 years.

I was at a wedding three days after, and Rich DeVos pulled me down — he was 92 — and said, “God gave you the strength to

I went home and got on a phone call at 11:45 PM at night until 3:45AM the following morning, went building by building with my construction [team] and realized we didn’t have infrastructure damage or structural damage. We said, “We can rebuild this; we’re going to rebuild this.” It is my mission to demonstrate leadership both for the people of the BVI, for the people who work here, for our owners. And not only rebuild it: make it better.

We have people who come down, they’re blown away by the difference and what Oil Nut Bay is. Nothing does it justice but coming here and seeing it, and we need people to come and see it. All of the things that are the reasons that I came here are that much truer today. It is a 10-month season. It is the best country. When I landed five days after the hurricane, I looked out the window of our plane, which we had special permission to land at Beef Island, and I thought I was in Iraq. There were 500 British Marines and gunship helicopters and C130s.

The beauty of the BVI is its partnership with the British: It has the unwavering stability, financially and safety-wise.

There was no chaos, which other places experience. You need rule of law. You need ongoing commitments. The world is always changing.

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Everything that I currently do, and with the development sizes that we’ve done — they’re not five-year endeavours. This is a lifetime endeavour, where I live.

As we continue the development of tourism in the BVI, what should be our take away from the Oil Nut Bay development?

First, I think that the character of the BVI must be preserved. On the same token, anybody who’s sitting around saying, “We want to be exactly the way it was in the old days” is stuck in the past. Tourism must be globally competitive today, with the average vacation being four days. You cannot travel 12 hours to do a fourday vacation. So improving the runway and air access is essential to the survival of tourism and financial services and the people of the BVI. That’s absolutely the number one thing that’s needed for the future of the country.

Every other country in the region has it.

At the same time, I want the government to take bold steps and partner with private funds and take some of Crown land and then make national parks — like is being done expanding The Baths a little bit now, but in a few other locations. Create more national parks and less development. I think it’s critical. We have proven at Oil Nut Bay that the world’s most successful people will come here and are coming here every day. They will pay a premium if the character of the country is preserved and consistent with what Oil Nut Bay is versus another condo development in Florida.

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If you had to pinpoint a couple of those tracts of land for national parks, where would they be?

North Sound. North Sound is the defining place of the neighbourhood. I think what Petr Kellner’s doing with the redevelopment of Saba Rock is sensational. And now Mosquito is coming to life with people moving into homes. The creation of that as being globally recognised is a part of the statement of the BVI. Every megayacht in the Caribbean is coming in to North Sound. There’s other places throughout the BVI, but that’s a prime spot.

I would suggest that private money is sought to improve the land for the general public and Belongers: to put restrooms to make them real usable parks. This is the tourism identity for the BVI to pound on its chest and say, “This is the new neighbourhood that can compete and surpass St. Barths and Mustique and other places.” Prickly Pear is already a national park: if you mirror that on the other side and preserve this and have this character of the green space.

It is a bold way to look at it.

My gift from God is to see not what exists but what can be there 40, 50, 100 years from now. Everything that I currently do, and with the development sizes that we’ve done — they’re not five-year endeavours.

This is a lifetime endeavour, where I live. We just sold a lot to the most knowledgeable buyer. He came here and he said, “Okay, I get it: I’ll pay a premium. It’s the first place I’ve been where the owner-developer lives here and lives with the residents. And the attention to detail is something I’ve not experienced anyplace else.”

This development has witnessed several changes in administration at the governmental level. What has been your guiding philosophy in managing that process?

I think that we worry about those changes, especially in the early days. When Honourable Ralph O’Neal became premier, which was a big shift, he asked me to come with him to Miami to a Caribbean conference. And he says, “The role of the government is to demonstrate consistency, and the proof is in the pudding. And I brought the pudding.”

And he started talking about David Johnson, and he said that his government would continue to support what had been done there. I think that the difference today is through the actions of 13 years we’ve demonstrated that we’re here to make the BVI better, the neighbourhood better.

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You referenced the “North Sound neighbourhood.” How do you see Oil Nut Bay continuing to influence that neighbourhood?

10 years from now Oil Nut Bay will be substantially built out. In 30. Years,its character will be what it is today. It was built in harmony with nature, and the land speaks for itself. We also have a group of owners. I am not a guy who made a fortune doing something else and came into this development: This is what I’ve done my whole life.

And this is a finale. I get to meet the world’s most successful people. I went to lunch one day: I go to each table and talk; one guy said, “I make all the carpet dye in the world.” I find that fascinating, and they’re coming to the BVI. The goal is to make the necessary improvements and commitments today for the country to ensure that those restrictions that are on Oil Nut Bay be placed into the country.

We have 50 percent dedicated open space: The national parks help ensure that for the country versus overdevelopment. One of the concerns of increased air access is that it will stimulate overdevelopment.

There’s no reason that it needs to do that. It makes it convenient for the right kind of people who are committed to the values that exist.

So, national parks, transportation, and continuing to evolve and pioneer new industries that may be as bold as financial services was when it came in to be a part of the BVI. Finding the next financial services to complement tourism is what needs to continue to be a goal of the government.

We’re very much in a partnership with the BVI government and very strongly see the value of the role of the British here, because it provides global stability in the potential buyerowner that’s coming to invest in the BVI. This is extraordinarily safe in an unstable world and physically magnificent, which has to be the mission of any leadership of the government going forward — and encouraging the right people to continue to do the right thing: redevelopment of Gun Creek or accelerating redevelopment of some of the other areas. I’d love to see a golf course in the BVI.

Oil Nut Bay helped us to move from the days of Rockefeller, who came in the late fifties, early sixties where tourism investment had more of a philanthropic side to it. What you did at Oil Nut Bay was to build on those qualities in a way that’s financially viable. As a destination we needed to make that transition. Today it’s the model: Everyone accepts it. What are your thoughts on that perspective?

Your thinking is completely accurate.

My goal was to create a viable economic engine that continued in perpetuity to benefit the BVI. With the proper air access, there’s no reason that $5 million a year — every year, forever — shouldn’t come out of here in stamp duty, because you’ll have both new sales and re-sales: Peoples lives change; they sell it and turn it over.

You have jobs and you have a labour market. I think that we need government’s cooperation for ferry transports, affordable housing and concentration on green energy — and creative solutions to work together to support that side of it. But I’m the healthiest I’ve been in 15 years, and I love being here and I love the owners who we have and the guests who come in. I’m dedicated to doing it. Every day I’m trying to make it better. Most guys dream it up, follow through about 60 percent, and go on to the next one. I live here, and it’s getting better every day.

Every day we’re trying to perfect new global purchasing; how to perfect shipping to lower costs; how to get fresher food here faster; how to grow food; how to maximise the benefit of fresh fish from the sea. It’s one thing to build the most unique buildings, but to operate the resort at a level that hasn’t been done is our goal.

What would you estimate so far has been Oil Nut Bay’s economic contribution to the BVI over the duration you’ve been here?

Well, we know that more than $400 hundred million has been spent at Oil Nut Bay: from ’08, ’09 at a million dollars a week — both through ’08 and ’09 when nothing else was going on and then, after the hurricane, opening to the general public to say, “The country’s here.” I think that the proof is we built it right. There are tropical storms and hurricanes in the Caribbean. Look, there are raging fires in California today. There are tornadoes every day throughout the United States. There is no place in the world that doesn’t have weather chaos. The fact that some of the press continue to dwell on Irma is unfair because we’re here: We’re stronger, we’re better. BVI now needs to take bold leadership — with the new premier, with the governor together — to advance so that the next 50 to 100 years are the best the country’s ever seen.

I have learned through the years that people are afraid of change.

All people are afraid of any kind of major change. The runway shouldn’t be looked at as major change. It is necessary infrastructure. It’s as necessary as modern Wi-Fi; it’s as necessary as fibre optic; it’s as necessary as the hospital was; it’s as necessary as sewer and water systems are. It’s the fundamental link to being able to get people in and out of the country. And what we experienced in Irma was we were shut down because St. Thomas, St. Martin, Puerto Rico — everything else was closed. Had we had our own transportation, we wouldn’t be dependent on other people. As successful as the BVI is, it’s the one missing link. It is in everybody’s best interest.

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You were instrumental in pioneering the superyacht facilities at Yacht Club Costa Smeralda. Is there a light at the end of that tunnel where that facility will be back online in the near term?

We pioneered the superyacht industry coming here, pioneered the regattas coming here, and are determined to bring them back. We have Oil Nut Bay marina that we have expanded, but it won’t take the 300-foot yachts. As such, we’re going to the Antigua boat show every year, inviting the yachts to come to the BVI, and working for creative ways to build it back.

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There seems to be some dark clouds economically at a global level. What is your view about that? Do you see it getting to a point where there is an economic downturn within the next 12 to 18 months that obviously would have implications for BVI, particularly from a tourism standpoint?

I spend as much time as I can on those issues. We do not see in 12 or 18 months any kind of global downturn. The world is becoming a smaller place every day. The amount of innovation that’s taking place and the speed of change is staggering.

I think that technological changes and artificial intelligence and increased speed of communications are all big things and the successful people in the world are looking for the best safe place to come to.

And the BVI is very competitive with a few more infrastructure changes could further enhance its position.

How is the winter ahead looking in terms of business for Oil Nut Bay? Fantastic, all of the years of investment and quality infrastructure are now complete and it is easy to see that every person who comes to Oil Nut Bay is blown away. We have just a few lots left in each neighborhood so people realize if they don’t at least secure their lot they will miss out! | BB

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