5. It is not a contravention of section 39(1)(b) or (2)(a) or 41(1)(a) of the Act, as applied by regulations 3 and 4, for an employer or principal to offer to pay or to pay a person (A) at a lower rate than that at which the employer or principal offers to pay or pays another person (B) because A is of a different nationality from B, if—
(a)A—
(i)applied for work as a seafarer, or
(ii)was recruited as a seafarer,
outside Great Britain, and
(b)A is not—
(i)a British Citizen,
(ii)a national of another EEA State, or
(iii)a national of a designated state.