The government is stepping up action on charter boats from St Martin/St Maarten operating without authorisation in Anguilla’s waters, according to the economic development minister.
Kyle Hodge said those facilitating such operations have been cautioned and enforcement is the next step, adding it has been “a huge issue for a very long time” and that it “will be dealt with”.
The minister made his remarks in response to a strongly worded social media post from an Anguillian boat owner who said foreign vessels are operating freely in local waters, often without proper checks.
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The statement, which has been shared more than 90 times, called for stronger enforcement and protection of Anguilla’s maritime borders, citing concerns over lost business and unfair competition.
In response, Hodge shared a letter permanent secretary Larry Franklin had sent to hotel managers and operators, the Anguilla Chamber of Commerce and the Anguilla Hotel and Tourism Association.
In the three-page correspondence, dated 16 February, Franklin said the government had become increasingly aware of the “growing and persistent concern” about the illegal operation of vessels.
Multiple violations
The permanent secretary said several of these vessels have been seen routinely entering Anguilla to collect guests, transport them to local cays, beaches and marine attractions, and return them to shore.
While doing this they avoid compliance with Anguilla’s regulatory, fiscal, immigration, customs and maritime requirements, the permanent secretary explained.
Some of the regulatory violations include:
- Failure to obtain the required clearance under the Customs Act (Revised Statutes of Anguilla, 2022) and no requisite cruising or commercial permissions
- Operation without an agent approved by the comptroller of customs and without demonstrating tax compliance in Anguilla
- No business licence to conduct commercial operations in Anguilla, as required under the Business Licensing Act
- No registration for or remit goods and services tax in accordance with the Goods and Services Tax Act
- No registration for or contribution to social security and the Universal Social Levy where applicable, pursuant to the Social Security Act and associated levy legislation
- No meaningful contribution to the Anguillian economy through local provisioning, fuel purchase or lawful commercial presence.
Local assistance
Despite this non-compliance, these vessels are reportedly being booked by hotels and booking agencies operating in Anguilla to service visitors staying on the island, Franklin said in his letter.
Others are facilitating bookings made through the neighbouring island’s companies by providing information, referrals or coordination – an action which constitutes an “enabling act”.
“This practice creates a significant and unfair imbalance, as Anguillian vessel operators are required to meet all statutory, fiscal, safety and administrative obligations,” he said.
Franklin said the government is also concerned about operational practices by some foreign-based vessels that adversely affect Anguilla’s tourism product and environmental integrity.
These include prolonged anchoring off popular beaches, excessive noise levels, and unregulated marine activity.
Meanwhile, some foreign vessels operate outside Anguilla’s safety oversight regime, raising concerns about compliance with Anguilla’s maritime safety and passenger protection requirements, he wrote.
Law enforcement
Lack of official clearance means law enforcement agencies are unable to effectively monitor vessel movements, passenger activity, or compliance with safety, security, immigration and customs protocols.
“This poses unacceptable risks to border integrity and public safety,” Franklin said in his letter.
“Collectively, these issues pose serious risks to passenger safety, environmental protection, fiscal compliance, and to Anguilla’s reputation as a responsibly governed, high-end tourism destination.”
The permanent secretary guided hotel and booking agencies in Anguilla to not engage in business with unauthorised vessels or vessel operators.
“Hotels and agencies must exercise due diligence and ensure that no staff actions facilitate, enable or support breaches of Anguilla’s customs, immigration, business licensing, tax or maritime safety laws,” he said.
He added that the government is evaluating additional measures, including enhanced coordination of enforcement and compliance monitoring, to ensure adherence to Anguilla’s legal framework.
Anguilla Focus reached out to Kyle Hodge for further details on the enforcement action and is awaiting a response.
