File 1355/1917 Pt 5 'Arms Traffic Convention.' [‎11v] (16/721)

The suspected vessel may also be handed over to a warship of the nation whose flag
she had flown, if the latter consents to take charge of her.
U) The procedure laid down in paragraph 3 may be followed if, after the verification
of the flag and in spite of the manifest being in order, the commander of the warship conti-
nues to suspect the native vessel of engaging in the illicit conveyance of arms, munitions
or implements of war.
(s) In the cases referred to in paragraph i (c) of this Article, if it is ascertained, as a rel^
of the visit made on board the native vessel, that whereas it flew no flag, it was also not
entitled to fly the flag of a recognised State, the native vessel shall, unless the innocent nature of
her cargo can be established to the satisfaction of the commanding officer of the warship,
be conducted to the nearest point in the zone where there is a competent authority of the
Power to which the warship which effected the capture belonged, and shall be handed over
to such authority. . , M1 . ,
If it should be established that the vessel was engaged in the illicit conveyance of arms,
munitions and implements of war, the vessel and all cargo carried in addition to the arms,
munitions and implements of war shall be seized by such authority and disposed of according
to its own laws — the destruction of the illicit cargo of arms, munitions and implements of
war may be ordered according to the same laws.
Article iq.
The authority before whom the suspected vessel has been brought shall institute a full
enquiry in accordance with the laws of his country in the presence of an officer of the detaining
warship. ^
If, however, owing to the duties upon which the warship is engaged, it is not practicable
for an officer of this warship to attend this enquiry, an affidavit sworn by the commanding
officer of the warship shall be accepted by the authority holding the enquiry in place of the
verbal evidence of an officer of the warship.
If it is proved at this enquiry that the flag has been illegally flown but that the vessel
is entitled to fly the flag of a recognised State she shall, if that State is one of the High Contrac
ting Parties, be handed over to the nearest authority of that State and in all other cases shall
be disposed of by agreement between the State responsible for her detention and the State
whose flag she is entitled to fly, and, pending such agreement, shall remain in the custody of
the authorities of the nationality of the detaining warship.
If it should be established that the use of the flag by the detained vessel was correct
but that the vessel was engaged in the illicit conveyance of arms, munitions and implements
of war, those responsible shall be brought before the courts of the State under whose flag
the vessel sailed. The vessel herself and her cargo shall remain in charge of the authority
directing the enquiry. The illicit cargo of arms, munitions or implements of war may be
destroyed in accordance with the laws and regulations drawn up for the purpose.
Article 20.
The High Contracting Parties agree to communicate to the Central International Office
specimen forms of the documents mentioned in Articles 15, 16, 17.
Article 21.
Any illicit conveyance or attempted conveyance legally established against the captain
or owner of a vessel authorised to fly the flag of one of the signatory Powers, or holding the
licence provided for in Article 15, shall entail the immediate withdrawal of the said authori
sation or licence.
The High Contracting Parties will take the necessary measures to ensure that their
territorial authorities or their consuls shall send to the Central International Office certified
copies of all authorisations granted under this Convention to fly their flag as soon as such
authorisation shall have been granted, as well as notice of withdrawal of any such authorisa-
lon. They also undertake to communicate to the said office copies of the licences provided
tor under Article 15.
Article 22.
fl l h n officer of a warship who may have detained a vessel flying a foreign
he^acted ln ^ cases ma ke a report thereon to his Government, stating the grounds on which
re P or ^ together with a copy of the proces-verbal, drawn up by the
i n / r , an 0 cer ' P e tty or non-commissioned officer sent on board the vessel detained
the rnvprnm^nf 00 ^ 5 P? ssib1 ^ to the Central International Office and at the same time tQ
the Government whose flag the detained vessel was flying.
Article 23.
of thV vessefnr mp e a r l trUSted witll 1 the enquiry decides that the detention and diversion
comnensation due Tf m t 'P osec ' u P°n her were irregular, he shall fix the amount of th®
compensation due. If the capturing officer, or the authorities to whom he is subject, do not