British Virgin Islands - National determinations

Article II(3) - In the event of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.

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Article II(5) - In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.

Pursuant to the report submitted by the Government of the British Virgin Islands on 29 November 2021, under Article 22 of the ILO Constitution, section 3(2) of the Regulations stipulates that its provisions shall not apply to: (f) vessels which operate exclusively between Virgin Islands ports.

Article II(6) - Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.

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List sources

Title	Document date	Download

Merchant Shipping (MLC Regulations) 2019	-	Download