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Regulation 18 Ships: technical assistance and the provision and procurement of services

Original text. Later amendments are not shown.

After regulation 43 (brokering services: non-UK activity relating to goods of strategic concern and technology or strategic concern), insert—

“Chapter 4A

Ships

Interpretation of this Chapter

43A

In this Chapter—

  • “chartering services” means services associated with the chartering of a ship;

  • “crew services” means services associated with the manning of a ship or the provision of a crew or members of a crew for a ship;

  • “operating services” means services associated with the operation of a ship;

  • “ship” includes every description of vessel (including a hovercraft) used in navigation;

  • “specified ship” means a ship specified by the Secretary of State under regulation 51 (specification of ships).

Technical assistance relating to ships

43B
(1)

A person must not directly or indirectly provide technical assistance relating to a ship to, or for the benefit of, a designated person.

(2)

Paragraph (1) is subject to Part 8 (Exceptions and licences).

(3)

A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to, or for the benefit of, a designated person.

(4)

In this regulation, a “designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation.

Provision of services relating to specified ships

43C
(1)

A person must not directly or indirectly provide in relation to a specified ship—

(a)

brokering services;

(b)

chartering services;

(c)

crew services;

(d)

financial services or funds;

(e)

operating services;

(f)

technical assistance;

(2)

A person must not directly or indirectly provide services relating to the acquisition, sale, transfer or supply of a specified ship.

(3)

Paragraphs (1) and (2) are subject to Part 8 (Exceptions and licences).

(4)

A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)

it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the ship in relation to which the assistance, services or funds (as the case may be) were provided was a specified ship;

(b)

it is a defence for a person charged with the offence of contravening paragraph (2) (“Q”) to show that Q did not know and had no reasonable cause to suspect that the ship in relation to whose acquisition, sale, transfer or supply the services where provided was a specified ship.

Procurement of services relating to specified ships

43D
(1)

A person must not directly or indirectly procure services relating to a specified ship.

(2)

For the purposes of this regulation, services relating to a specified ship include, in particular, services involving the use of that specified ship.

(3)

Paragraph (1) is subject to Part 8 (Exceptions and licences).

(4)

A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the ship in relation to which the services were procured was a specified ship.”.