Article 12 Prohibition on entering territorial sea of Montenegro

(1)

Except under the authority of a licence granted by the Governor 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 which enters such waters shall each be guilty of an offence under this Order.

(3)

This article applies to any ship which is—

(a)

(i)

registered in the Territory; or

(ii)

not registered in any country but is majority owned by a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person, who is ordinarily resident in the Territory, or a body corporate incorporated in the Territory; 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 of force majeure.