5.—(1) Without prejudice to the generality of Article 2 of this Order, no ship or aircraft to which this Article applies and no land transport vehicle within the United Kingdom shall be used for the carriage of any goods if those goods are being or have been exported from Iraq or Kuwait in contravention of Article 2(1) of this Order.
(2) Without prejudice to the generality of Article 3 of this Order, no ship or aircraft to which this Article applies and no land transport vehicle within the United Kingdom 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 the United Kingdom or in any other country or place to which this Order extends, to aircraft so registered 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; or
(b)a body incorporated or constituted under the law of the United Kingdom or the law of any other place to which this Order extends.
(4) If any ship, aircraft or land transport vehicle is used in contravention of paragraph (1) of this Article, then each of the following persons—
(a)in the case of a British ship registered in the United Kingdom or in any other place to which this Order extends or any aircraft so registered, 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, 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 (3) of this Article, 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 the 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 in contravention of Article 2(1) of this Order.
(5) If any ship, aircraft or land transport vehicle is used in contravention of paragraph (2) of this Article, then—
(a)in the case of a British ship registered in the United Kingdom or in any other country or place to which this Order extends or any aircraft so registered, 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 (3) of this Article, 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 this Article applies to goods in respect of which a licence granted by the Secretary of State is in force under—
(a)Article 2(1) of this Order; or
(b)Article 3 of this Order.
(7) 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.