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12.—(1) Except under the authority of a licence granted by the Secretary of State under this article no ship to which this article applies shall enter the territorial sea of Montenegro.
(2) The owner, operator and master of such a ship which enters such waters shall each be guilty of an offence under this Order.
(3) This article applies to any ship which is—
(a)(i)registered in the United Kingdom; or
(ii)not registered in any country but is majority owned by a British citizen or a body corporate incoporated in the United Kingdom; and
(b)is being used for commercial purposes.
(4) In the case of proceedings for an offence under this article it shall be a defence for the accused person to prove—
(a)that he did not know and could not reasonably have known that the ship was entering the territorial sea of Montenegro; or
(b)that the ship only entered such waters by reason of stress of weather or other case of force majeure.
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