The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996

Carriage of certain goods destined for a prohibited destination

7.—(1) Without prejudice to the generality of article 3 of this Order, no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used for the carriage of prohibited goods—

(a) which is, or forms part of, carriage from any place outside a prohibited destination to any place therein; or

(b) to, or to the order of, a person connected with a prohibition destination,

except under the authority of a licence granted under article 3 of this Order or of a licence granted this article, in the case of the Bailiwick of Guernsey by Her Majesty’s Procureur or, in the case of the Bailiwick of Jersey by the Finance and Economics Committee.

(2) This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or in the United Kingdom, to aircraft registered in the United Kingdom, and to any other ship or aircraft which is for the time being chartered to any person who is—

(a) a British citizen, a British Dependent Territories citizen, a British overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, in the Bailiwick of Jersey; or

(b) a body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.

(3) Subject to paragraph (4) below, if any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article—

(a) in the case of a ship registered in the Bailiwick of Guernsey, the Bailiwick of Jersey 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;

(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 (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft;

(c) in the case of a vehicle, the operator of the vehicle,

shall be guilty of an offence under 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 a prohibited destination to any place therein or to, or to the order of, any person connected with a prohibited destination.

(4) In the case of proceedings for an offence in contravention of paragraph (3) above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were prohibited goods.

(5) Nothing in this article shall be construed so as to prejudice any other enactment or rule of law prohibiting or restricting the use of ships, aircraft or vehicles.