# The Iraq and Kuwait (United Nations Sanctions) (Channel Islands) Order 1990, Article 8: Carriage of goods exported from or destined for Iraq or Kuwait


(1) Without prejudice to the generality of article 3 above and except under the authority of a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey, no ship or aircraft to which this article applies and no land transport vehicle within any of the Channel Islands shall be used for the carriage of goods if those goods are being or have been exported from Iraq or Kuwait after 6th August 1990.
(2) Without prejudice to the generality of articles 4 and 7 above and except under the authority of a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey no ship or aircraft to which this article applies and no land transport vehicle within any of the Channel Islands shall be used for the carriage of any goods if the carriage is, or forms part of, carriage from any place outside Iraq or Kuwait to any destination therein or to any person for the purposes of any business carried on in or operated from Iraq or Kuwait.
(3) This article applies to British ships registered in any of the Channel Islands or the United Kingdom, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is—
(a) a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
(b) a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
(4) If any ship, aircraft or land transport vehicle is used in contravention of paragraph (1) above, then each of the following persons—
(a) in the case of a British ship registered in any of the Channel Islands or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(b) in the case of any other ship or aircraft to which this article applies—
(i) the person to whom the ship or aircraft is for the time being chartered, and
(ii) if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (3) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(c) in the case of a land transport vehicle, the operator of the vehicle,
shall be guilty of an offence against this Order unless he proves that he did not know and had no reason to suppose that the goods were being or had been exported from Iraq or Kuwait after 6th August 1990.
(5) If any ship, aircraft or land transport vehicle is used in contravention of paragraph (2) above, then—
(a) in the case of a British ship registered in any of the Channel Islands or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(b) in the case of any other ship or aircraft to which this article applies—
(i) the person to whom the ship or aircraft is for the time being chartered, and
(ii) if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (3) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(c) in the case of a land transport vehicle, the operator of the vehicle,
shall be guilty of an offence against this Order unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Iraq or Kuwait to any destination therein or to any person for the purposes of any business carried on in or operated from Iraq or Kuwait.
(6) Nothing in paragraph (1) above shall apply where the exportation of the goods concerned from Iraq or Kuwait was authorised by a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey, or the importation of the goods concerned into any of the Channel Islands was authorised by a licence granted—
(a) in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978;
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee.
(7) Nothing in paragraph (2) above shall apply where the supply or delivery or exportation from any of the Channel Islands of the goods concerned to that destination was authorised by a licence granted—
(a) in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978, or by the Lieutenant Governor under this Order;
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, or by the Lieutenant Governor under this Order, or
(c) in either case, under the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990.
(8) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or land transport vehicles.

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Source: https://www.legislation.gov.uk/uksi/1990/1771/article/8 (the official version)
Page: https://openlegislation.uk/iraq-and-kuwait-united-nations-sanctions-channel-islands-order-1990/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.