Apparently it has been an open secret for many years. Foreign artists can work and sell their merchandise locally without work permits.

Artists who join the Bermuda Society for the Arts (BSoA) whether Bermudian or foreign, simply pay their dues and give the society a commission on each piece they sell locally.

The arrangement, according to BSoA manager Karen Carswell, has been that a ten percent commission on items sold outside the gallery and 30 percent for any sold from the gallery, is given to the BSoA.

Only 17 overseas artists are currently members of the Society, but there is no breakdown of the 344 resident members.

Concern has arisen that a number of resident members do not hold work permits to sell their artwork, but have been doing so and that the practice has been going on for decades.

But many Bermudian artists say the arrangement does not worry them -- when it comes to art, it is a matter of "the more the merrier''.

Home Affairs Minister Paula Cox appeared to be in the dark about the matter.

When asked about it, she was adamant that artists, just the same as anyone else, need express Immigration permission to sell their work locally.

"To allow anything less would present an unfair playing field within which Bermudian artists would be competing,'' she said.

"The procedure and the law is that any foreign artist who wants to trade locally will have a local agent apply to Immigration for permission,'' Ms Cox added. "Any foreign artist who is doing otherwise is acting outside our regulations and breaking the law.'' When asked her plans for rectifying the situation, Ms Cox said: "I disagree that there is a loophole.'' Questioned if she would be looking into the matter she responded: "I'm not convinced this is actually taking place''.

Newly elected president of the BSoA, Bruce Stuart, confirmed the practice outlined by Karen Carswell, but said he feared publicity could adversely affect the local arts scene.

A handful of local artists also confirmed that the practice has been ongoing for years but they all claimed to have no problem with it.

Bermudian sculptor Antoine Hunt said: "It exposes local artists to more arts and this can only be good.'' A master in the airbrushing technique, Michael Swan held: "The purchase of art is a reflection of personal taste. It's good to have new blood to learn and feed off of.

"I don't think it takes work away from locals. If a buyer doesn't like your work he simply won't buy it.'' Agreeing that locals benefit from the present practice, painter Graham Foster said: "It jump-starts Bermuda's artwork and makes the local mix more interesting.'' But he added he would change his tune if big money locally backed foreign artists.