The Afghanistan (United Nations Measures) (Overseas Territories) Order 2012

Investigation, etc. of suspected ships

10.—(1) Where any authorised officer has reason to suspect that any ship to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article—

(a) the officer may (either alone or accompanied and assisted by persons under their authority) board the ship and search her, and for that purpose, may use or authorise the use of reasonable force;

(b) the officer may request the owner or the master of the ship to furnish such information relating to the ship and her cargo and produce for inspection such documents so relating and such cargo as may be specified; and

(c) in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 7(1), the officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, shall seize any restricted goods and may take the further action specified in paragraph (2).

(2) The further action referred to in paragraph (1)(c) is either—

(a) to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo specified by the officer; or

(b) to request the master of the ship to take any one or more of the following steps—

(i) to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;

(ii) if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;

(iii) if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and

(iv) to take her to any other destination that may be specified by the officer in agreement with the master.

(3) Without prejudice to the provisions of article 13(3), where—

(a) a master refuses or fails to comply with a request made under paragraph (2)(b); or

(b) an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,

an authorised officer may take such steps as appear to them to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.

(4) Before or on exercising any power conferred by this article, an authorised officer shall if requested to do so, produce evidence of their authority.

(5) In this article “authorised officer” means—

(a) any commissioned naval or military officer;

(b) any British consular officer;

(c) any police or customs officer; or

(d) any person authorised by the Governor for the purpose of this article either generally or in a particular case.