58.—(1) A person must not lease or charter a ship or an aircraft to—
(a)a designated person,
(b)a person acting on behalf of or at the direction of a designated person,
(c)a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a designated person, or
(d)a person connected with the DPRK.
(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a), (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a designated person;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was acting on behalf of or at the direction of a designated person;
(c)it is a defence for a person charged with the offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was owned or controlled by a designated person;
(d)it is a defence for a person charged with the offence of contravening paragraph (1)(d) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK.
(4) In this regulation a “designated person” means—
(a)a person who is designated under regulation 5 for the purposes of this regulation and regulation 59 (crew services), or
(b)a person who is a designated person for the purposes of this regulation and regulation 59 by reason of regulation 10.
Commencement Information
I1Reg. 58 not in force at made date, see reg. 1(2)
I2Reg. 58 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)