The Burma (Sanctions) (Overseas Territories) Order 2013

Investigation of suspected ships, aircraft or vehicles

3.—(1) Where an authorised officer reasonably suspects that a ship, aircraft or vehicle has been, is being, or is about to be used in the commission of an offence under article 4(2), the officer may—

(a) stop and enter it;

(b) search it;

(c) require the relevant person to provide such information relating to the ship, aircraft or vehicle and any goods it is carrying, and produce for inspection such documents and goods, as the officer may specify;

(d) in relation to a ship, require the relevant person to do anything mentioned in sub-paragraph (2);

(e) in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory until notified by an authorised officer that it may depart.

(2) Further to sub-paragraph (1)(d), the officer may require the relevant person to do any of the following—

(a) stop the ship from proceeding with the voyage on which it is engaged, or about to engage, until notified by an authorised officer that it may proceed;

(b) not land any part of the ship’s cargo at any port specified by the officer, except with the officer’s consent;

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

(d) if the ship is in any other place, take it to a port specified by the officer and keep it there until notified by an authorised officer that it may depart.

(3) The officer may take such steps as appear necessary to carry out a search under sub-paragraph (1)(b), or secure compliance with a requirement under sub-paragraph (1)(c), (d) or (e), including in particular—

(a) entering any land,

(b) using reasonable force, and

(c) detaining the ship, aircraft or vehicle and any goods it is carrying.

(4) The officer may seize any restricted goods from the ship, aircraft or vehicle.

(5) Any restricted goods seized may be forfeited, disposed of or transferred as appropriate.

(6) It is an offence for a relevant person to—

(a) fail without reasonable excuse to comply with a requirement under sub-paragraph (1)(c), (d) or (e),

(b) knowingly or recklessly provide information or a document which is false in a material particular in response to a requirement under sub-paragraph (1)(c), or

(c) otherwise intentionally obstruct an authorised officer, or a person acting under the officer’s authority, in the exercise of any power conferred by this paragraph.