The Serbia and Montenegro (United Nations Sanctions) Order 1992

Carriage of goods destined for or exported from Serbia and Montenegro

6.—(1) Without prejudice to the generality of article 3 of this Order, and except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no 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 Serbia or Montenegro to any destination therein, or to any person connected with Serbia or Montenegro.

(2) Without prejudice to the generality of article 5 of this Order, and except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom shall be used for the carriage of any goods if those goods are being or have been exported from Serbia or Montenegro after 30th May 1992.

(3) This article applies to ships registered in the United Kingdom, 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, a British subject or a British protected person; or

(b) a body incorporated or constituted under the law of the United Kingdom.

(4) If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article, then—

(a) in the case of a ship registered in the United Kingdom 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 the 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 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 Serbia or Montenegro to any destination therein or to any person connected with Serbia or Montenegro.

(5) If any ship, aircraft or vehicle is used in contravention of paragraph (2) of this article, then—

(a) in the case of a ship registered in the United Kingdom 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 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 goods were being or had been exported from Serbia or Montenegro or had been exported therefrom after 30 May 1992, as the case may be.

(6) Nothing in paragraph (1) of this article shall apply where the supply or delivery or exportation from the United Kingdom of the goods concerned to Serbia or Montenegro was authorised by a licence granted by the Secretary of State under article 3 or article 4 of this Order or under the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992.

(7) Nothing in paragraph (2) of this article shall apply where importation of the goods concerned into the United Kingdom was authorised by a licence granted by the Secretary of State under article 5 of this Order or under the Import of Goods (Control) Order 1954.

(8) 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 vehicles.