Exceptions

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  • No provisions of this chapter shall be construed to make illegal:
    • (1) the activities of any labor organization or of individual members thereof which are directed solely to labor objectives which are legitimate under the laws of either the United States Virgin Islands or the United States;

    • (2) the activities of any cooperative organization, whether incorporated or unincorporated, or of individual members thereof, which are directed solely to objectives of such cooperative organizations which are legitimate under the laws of either the United States Virgin Islands or the United States;

    • (3) the activities of any public utility as defined in section 1 of Title 30 of this Code to the extent that such activities are subject to the jurisdiction of the Public Services Commission;

    • (4) the activities (including, but not limited to), the making of or participating in joint underwriting or joint reinsurance arrangement) of any insurer, insurance agent, insurance broker, independent insurance adjuster or rating organization to the extent that such activities are subject to regulation by the Insurance Commissioner, or are permitted or are authorized by Title 22 of this Code or any other law of the United States Virgin Islands;

    • (5) the religious and charitable activities of any not-for-profit corporation, trust or organization established exclusively for religious or charitable purposes, or for both purposes;

    • (6) the activities engaged in by securities dealers who are (i) members of the National Association of Securities Dealers or (ii) members of any National Securities Exchange registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, in the course of their business of offering, selling, buying and selling, or otherwise trading in or underwriting securities, as agent, broker, or principal, and activities of any National Securities Exchange so registered, including the establishment of commission rates and schedules of charges;

    • (7) the activities of any board of trade designated as a “contract market” by the Secretary of Agriculture of the United States pursuant to section 5 of the Commodity Exchange Act, as amended;

    • (8) the activities of any state or national bank to the extent that such activities are regulated or supervised by officers of the state or federal government under the banking laws of the United States Virgin Islands or the United States;

    • (9) the activities of any territorial or federal savings and loan association to the extent that such activities are regulated or supervised by officers of the territory or federal government under the savings and loan laws of the United States Virgin Islands or the United States;

    • (10) the activities of any bona fide not-for-profit association, society or board, of attorneys, practitioners of medicine, architects, engineers, land surveyors or real estate brokers licensed and regulated by an agency of the Government of the United States Virgin Islands, in recommending schedules of suggested fees, rates or commissions for use solely as guidelines in determining charges for professional and technical services; or

    • (11) the establishment of formal agreements between small entrepreneurs engaged in the retail sale of the same or similar commodities for the purpose of bulk purchase of those commodities in order to meet in good faith, competition of businesses with substantially larger sales volumes. For purposes of this paragraph, the term “small entrepreneur” means a merchant whose gross receipts from all sources in any year cannot reasonably be expected to exceed $250,000 and who will not employ more than 12 persons.


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