OpenLegislation

Article 7 Use of ships, aircraft and vehicles: restricted goods

Original text. Later amendments are not shown.

(1)

Without prejudice to the generality of article 5, and except under the authority of a licence granted by the licensing authority under this article, no ship or aircraft to which this article applies, and no vehicle within any of the Channel Islands shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Iraq to any destination therein.

(2)

This article applies to ships registered in Guernsey or as the case may be Jersey, 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 overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or as the case may be Jersey; or

(b)

a body incorporated or constituted under the law of any part of Guernsey or Jersey.

(3)

If any ship, aircraft or vehicle is used in contravention of paragraph (1) then—

(a)

in the case of a ship registered in Guernsey or as the case may be Jersey, 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, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2), 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 vehicle, the operator of the vehicle,

shall be guilty of an offence, 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 to any destination therein.

(4)

Nothing in paragraph (1) shall apply where the supply or delivery or exportation from Guernsey or as the case may be Jersey of the goods concerned to Iraq was authorised by a licence granted by the licensing authority under article 5 or 6.

(5)

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 vehicles.