The Iraq and Kuwait (United Nations Sanctions) (Dependent Territories) (No. 2) Order 1990

Restrictions on Ships

5.—(1) Except with the permission of the Governor granted under this paragraph no ship registered in Iraq shall enter any port in the Territory except where entry is required by reason of stress of weather or other force majeure.

(2) Every harbour master shall give all such directions as may be necessary to prohibit any ship registered in Iraq from entering the harbour for which he is harbour master, except where entry is required by reason of stress of weather or other force majeure or a permission has been granted under paragraph (1) of this article.

(3) If any ship registered in Iraq enters a port in the Territory in contravention of the provisions of this article then both the master and the owner of that ship shall be guilty of an offence against this Order.

(4) Where a ship registered in Iraq enters a harbour within the Territory or the approaches to such a harbour any authorised officer, that is to say, any such officer as is referred to in section 692(a) of the Merchant Shipping Act 1894(1) may, if he is satisfied that the ship is being used or has been used for the carriage of any goods which have been exported from Iraq or Kuwait after 6th August 1990, or is being used or has been used after 6th August 1990 for the carriage of any goods 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 and Kuwait detain the ship and keep the same in detention for as long as this Order remains in force.

Any costs or expenses incurred in or in connection with the detention of the ship or the keeping of the same in detention, including without prejudice to the generality of the above, costs of repatriation of the crew, shall be a debt due from the owner of the ship to the Secretary of State and recoverable as such.

(1)

1894 c. 60.