Article 12 Prohibition on entering territorial sea of Montenegro

(1)

Except under the authority of a licence granted by the relevant authority under this article no ship to which this article applies shall enter the territorial sea of Montenegro.

(2)

The owner, operator and master of such a ship shall each be guilty of an offence under this Order.

(3)

This article applies to any ship which is—

(a)

(i)

registered in the Bailiwick of Guernsey or the Bailiwick of Jersey; or

(ii)

not registered in any country but is majority owned by a British citizen who is ordinarily resident in, or a body corporate incorporated in, the Bailiwick of Guernsey or the Bailiwick of Jersey; and

(b)

is being used for commercial purposes.

(4)

In the case of proceedings for an offence under this article it shall be a defence for the accused person to prove—

(a)

that he did not know and could not reasonably have known that the ship was entering the territorial sea of Montenegro; or

(b)

that the ship only entered such waters by reason of stress of weather or other case offorce majeure.