The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019

Restrictions on exercise of maritime enforcement powers

123.—(1) The authority of the Secretary of State is required before any maritime enforcement power is exercised in reliance on regulation 119 in relation to—

(a) a British ship in foreign waters, or

(b) a foreign ship in international waters.

(2) In relation to a British ship in foreign waters other than the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant British possession, the Secretary of State may give authority under paragraph (1)(a) only if the State in whose waters the power would be exercised consents to the exercise of the power.

(3) The Secretary of State may give authority under paragraph (1)(b) only if—

(a) the home state has requested the assistance of the United Kingdom for a purpose mentioned in regulation 119(2) or (3),

(b) the home state has authorised the United Kingdom to act for such a purpose, or

(c) the United Nations Convention on the Law of the Sea 1982(1) or a UN Security Council Resolution otherwise permits the exercise of the power in relation to the ship.

(1)

Command 8941.