UPDATED - Tuesday, December 1:  7 On Your Side is being told that the 4 U.S. citizens who are now in Day 12 of detainment in the British Virgin Islands will be going in front of a magistrate in a zoom hearing this afternoon.  

All four have been given the COVID-19 test.  The Hines tells us 3 of the four in the group had COVID-19 test results documentation on the boat when BVI customs stopped their sailboat.  The 4th passenger had been quarantined before boarding the boat. 

Today BVI lifted its COVID-19 travel restrictions and the first visitors arrived in BVI.  Visitors are required to take a Covid-19 test, quarantine for 4 days, then get a 2nd test while wearing a GPS tracking device.

Here is the latest BVI travel protocols & restrictions.

The latest statement from the U.S. State Department to 7 On Your Side: 

"We are aware that U.S. citizens Lynn Hines, John Hines, Jeanne McKinnon, and Nicholas Cancro were detained in the British Virgin Islands on charges of illegal entry/failing to present themselves at an authorized port. We take seriously our responsibility to assist U.S. citizens abroad, and are providing all appropriate consular services. We remain in communication with the detained U.S citizens.

A Monday court date that was originally set for the four U.S. citizens has been moved to later in the week, 7 On Your Side found out. 

Sunday morning BVI Office of the Director of Public Prosecutions website issued a statement in regards to the four U.S. citizens being detained in the British Virgin Islands.   Scroll to the bottom to read the entire statement. 

Take a look at Lynn and John Hines's amazing sailboat trip that started on November 17th from St. Thomas to St. John island. They claim the boat entered 1.5 miles into British Virgin Islands water by accident.  After the captain of the boat turned back toward United States water that’s when the BVI custom agents boat approached the sailboat.

“This is where they took our passports and all the boat's documentation and then stated that you are being charged with trying to enter the country illegally, not coming to a port of entry and they carry two $10,000 fines," says Lynn Hines.

The Hines, a friend, and the captain of the boat have now been detained by the BVI government for the past eight days. The couple says BVI Custom agents demand they hand over $20,000 in fines before they are allowed to leave.

Right now according to the U.S. Embassy travelers should reconsider any travel to the British Virgin Islands.  Currently, no U.S. Citizens are allowed into BVI.  Commercial flights are not taking place.  All of the restrictions are due to COVID-19 precautions by BVI.    

Anyone who enters BVI must quarantine for 14 days.

The U.S. Embassy website also states any person who operates a private or commercial vessel is prohibited from operating the said vessel within the territorial waters, except where such person is approved by the Governor, in consultation with the Minister responsible for fisheries and agriculture, to operate a fishing vessel or an intra-island ferry, provisioning barge, or any other vessel in exceptional circumstances.

“We are hostages being held for ransom and not being charged. The only one charged is the boat owner. We have been informed because we were on the boat we were also in territorial waters and also being detained," says John Hines.  He and his wife are from Manning, South Carolina.

All 4 are detained in a single hotel room but had to be moved to another room after the sink fell off the wall in the bathroom. 

The Hines claim their captain attempted to pay the $20,000 fine with credit cards but custom officials want cash.

Lynn Hine’s sister who lives in Alexandria, Virginia, says the couple doesn't know when this will end.

"They are not trying to make an issue of this. They just want to get out. Pay the fine and get out and they were basically told unless you have cash we can't do anything for you except set up court," says Sue Carlin.

"I am very concerned as I have seen the conditions of the accommodations they were given for their detainment.  I don't understand why my sister and brother-in-law who were not charged are being held with no real resolution," adds Carlin.

7 On Your Side started reaching out on Thursday, November 25th, 2020 to BVI Customs, BVI Immigration, the BVI Premier's Office, BVI Department of Information and Public Relations, Office of the Governor, and the BVI Office of Director of Public Prosecutions and only received a no comment from the Premier's Office.     

On Sunday,  November 29, 2020, BVI issued this statement on the BVI Office of the Director of Public Prosecutions website: 

There is an erroneous news article titled: “Virginia woman worried about safety of sister detained in British Virgin Islands” by Scott Taylor, ABC7 WJLA, November 26, 2020.

The public is advised of the following facts:

On 19th November, 2020. four persons were apprehended by the Joint Task Force, particularly Customs and Immigration Officers.

Nicholas Cancro, John Hines Jr, Lynee Ann Hines and Jeanne McKinnon were on board a vessel that entered the Territorial waters without permission from the Ministry of Health and the Chief Immigration Officer, while the Territory’s Borders remain closed.

The persons were charged with illegal entry without the permission of an Immigration Officer contrary to section 20(3) of the Immigration Ordinance Cap 130 as amended.

Pursuant to the Public Health laws of the Territory that were introduced to protect the Territory's citizens from the spread of the novel COVID-19 virus, the four individuals have been placed on mandatory quarantine for a period of 14 days at a local hotel.

All four persons are safe and are being cared for with BVILOVE and with the finances of the Government and people of the Virgin Islands.

The matter was submitted to the Office of the Director of Public Prosecution on the 27th November, 2020 by the Commissioner of Customs at 11:15 a.m., following which the matter was processed and forwarded to the Magistrates' Court via the Police Prosecution Unit, for an urgent hearing date.

The public is being reminded that the Territory reserves the right to apprehend and prosecute any person regardless of nationality, race, gender etc., who violates the laws of the British Virgin Islands.

The allegations being circulated by the press and persons are without merit and can easily attract civil and criminal liability.

The Government of the Virgin Islands through its law enforcement officers remains committed to keeping the Territory safe. Additionally, the Territory looks forward to its reopening of its borders on December 1 when it will welcome visitors in a safe and controlled way.

U.S. State Department tells 7 On Your Side:

We are aware of the detention of U.S. citizens in the British Virgin Islands. We take seriously our responsibility to assist U.S. citizens abroad and are monitoring the situation. Due to privacy considerations, we have no further comment.

“Every time we go into the hallway, the security guards are right on top of us get back in the room," says Lynn Hines.

The Hines tells ABC 7 no one has told them how long under the law they can be detained. 

The Hines tells 7 On Your Side that a court hearing will be held on Monday to determine if any charges or fines will be brought against any of the 3 passengers or Captain on the sailboat. Monday will mark 11 days of detainment by the British Virgin Islands government of the 4 people on the sailboat.

7 On Your Side will continue to reach out to the U.S. State Department and the BVI government until the four U.S. citizens are allowed to leave and head back to the United States. 

According to the U.S. Embassy, the British Virgin Islands is currently under a Level 3 Travel Advisory.  It means you should reconsider travel due to health and safety measures and COVID-19 related conditions. 

The British Virgin Islands has reported 72 confirmed cases of COVID-19 within its borders.

Premier and Minister of Finance,  Andrew A. Fahie announced that the Territory’s borders will be opened to visitors on December 1. 

Entry and Exit Requirements:

• Are U.S. citizens permitted to enter? No
• Is a negative COVID-19 test (PCR and/or serology) required for entry? Yes
  
• A negative PCR test result should be obtained at least five days prior to travel from low-risk countries and three days prior to travel from high and medium risk countries.
• Effective December 1, all travelers will be required to test on arrival. Once the result is negative, they will be allowed restricted movement to designated places.
• On the fourth day after arrival, travelers will be required to take another PCR test, and once this test also returns negative, travelers will be able to move within the Territory, without limitation.
• Are health screening procedures in place at airports and other ports of entry? Yes
• Is a curfew in place? Yes
• Curfew is in effect until November 19 from 2:01 a.m. to 4:59 a.m. daily
• Are there restrictions on intercity or interstate travel? Yes
• Persons operating vessels within Territorial waters must do so between 5:00 a.m. and 6:00 p.m. except for ferry operators who may travel between the hours of 5:00 a.m. and 8:00 p.m.

Quarantine Information:

• Are U.S. citizens required to quarantine? Yes
• All passengers will be subjected to mandatory quarantine for at least 14 days. Protocols are expected to change on December 1.
• All persons approved to re-enter the Territory must register to return to the Territory and will need to quarantine for 14 days in pre-approved accommodation where they will be monitored by security to ensure that there is no mingling with members of the public until their quarantine period has expired and they are tested negative for the virus.
• Should a person test positive at any point after arrival, they will be required to quarantine for 14 days.
• There is a charge of $3,500 for security if quarantine is requested at a private property and, with effect from October 1, 2020, all qualified persons will be charged $2,500 per person for government quarantine accommodation, 24-hour security and meals.
• Are commercial flights operating? No

Fines for Non-Compliance:

Persons who are found to be breaking curfew or failing to wear a face mask or social distance could be issued a fine on the spot – $100 for individuals and $1000 for businesses. Businesses can risk being shut down if they fail to enforce social distancing measures or open without authorization. Individuals will also be able to report non-compliance or any concerns to the Police by calling 311.