Relations with Commonwealth and Foreign Countries BRd 2

CHAPTER 72

RELATIONS WITH COMMONWEALTH AND FOREIGN COUNTRIES

(MOD Sponsor: NSD)

CONTENTS

Para
7201. Relations with Commonwealth and Foreign Nationals and Authorities
7202. Communications with Commonwealth and Foreign Authorities
7203. Protection of British Nationals Abroad
7204. Landing Armed Men
7205. Piratical Acts
7206. Joint action with Commonwealth or Foreign Warships
7207. Assistance to other Commonwealth Citizens and Foreign Nationals
7208. Protection of British ships
7209. Neutrality
7210. Respect of Territorial Limits
7211. Coercion of British Shipping
7212. Unrecognized Entities and Régimes
7213. Rupture of Diplomatic Relations
7214. Visits to Firms Abroad by Serving Officers and Ministry of Defence Personnel
7215. Foreign Enlistment Act, 1870
7216. Foreign Vessels
7217. Carriage of Nuclear Weapons in HM Ships
7218. Drug Interdiction

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CHAPTER 72

RELATIONS WITH COMMONWEALTH AND FOREIGN COUNTRIES

7201. Relations with Commonwealth and Foreign Nationals and Authorities

1. When visits are paid to Commonwealth or foreign countries or to foreign ports or

places, particular care is to be taken to avoid giving any cause for offence or dissatisfaction
to the authorities or inhabitants; due deference is to be shown by officers and men to local
regulations and customs; and all are to do their best by their correct conduct to ensure the
goodwill and respect of the inhabitants.

2. All officers of the fleet in their relations with officers of Commonwealth or foreign
warships are to show them such attention and respect as their rank and condition may
entitle them to, and are to offer such assistance as they may need and, as representatives
of a power in amity with Her Majesty, may reasonably expect.

3. Officers are to preserve a strict neutrality in all cases of civil dissensions abroad and
make every effort not to arouse known political sensitivities in the host country. They are
not to interfere directly or indirectly in political questions. The advice of the nearest British
diplomatic post should be sought when a serious incident seems likely to develop or is
known to have occurred.

7202. Communications with Commonwealth and Foreign Authorities

1. All communications with the local authorities or with Commonwealth and foreign
consuls at a port abroad should, as a general rule, be made through Her Majesty’s
diplomatic or consular authorities in that area.

2. Any remonstrance with the civil authorities is to be made by a naval officer only in the
absence of a British diplomatic or consular representative; and in such cases it must be
made by the Commanding Officer or his Executive Officer only, and confined to matters of
immediate naval concern.

7203. Protection of British Nationals Abroad

1. If need arises for any of HM ships to act for the protection of British nationals in places
abroad, express instructions will normally be issued by the Ministry of Defence Naval Staff
Secretariat. Naval authorities, unless they already have relevant instructions, are not to
authorize action without prior consultation with the Ministry of Defence Naval Staff
Secretariat or, in an emergency, with any diplomatic representative of the United Kingdom
in the area.

7204. Landing Armed Men

1. No party of armed men is to be landed on the soil of a Commonwealth or foreign

country from ships of the Royal Navy for exercise or any other purpose except under
arrangements made with the government of the country unless exceptionally the
Commanding Officer receives specific instructions to the contrary from the Ministry of
Defence (Secretariat (Naval Staff)).

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7205. Piratical Acts

1. Piracy, as defined in Article 15 of the 1958 Convention on the High Seas, consists of
any illegal acts of violence, detention or any act of depredation, committed for private ends
by the crew or the passengers of a private ship or a private aircraft and directed:

a. On the high seas, against another ship or aircraft or against persons or property
on board such ship or aircraft.

b. Against a ship, aircraft, persons or property in a place outside the jurisdiction of

any State.

2. Acts committed on board a ship by the crew or passengers and directed against the
ship itself, or against persons or property on the ship, do not constitute piracy within the
meaning of this definition.

3. If there is no reason to doubt that piracy, as defined in sub para 1, has been committed
by a private ship, that ship may be seized and detained by any of HM ships falling in with
her, and may be sent to the nearest port of the United Kingdom or its Dependent Territories
where there is a Court of competent jurisdiction for the trial of offences committed on the
high seas, together with the necessary witnesses to prove the act or acts and with her
Master and crew in safe custody, in order that they may be dealt with according to law.

4. If there is an attack by a ship in the possession of insurgents against their own

domestic government, upon that government’s warships, or upon merchant ships
belonging to the same countries, or upon cities, ports or people within the territorial limits
of their own nation, any action taken by HM ships should be confined to such action as
may be strictly necessary under Para 7203.

7206. Joint action with Commonwealth or Foreign Warships

1. The limitations in the preceding Articles apply equally to cases of joint action with
Commonwealth or foreign warships, when the interests of their fellow-subjects are
involved with those of British nationals. In such cases naval officers may act in concert with
the Commonwealth or foreign naval officers so far as amicable representation is
concerned, without exceeding the limits prescribed to British naval officers when interests
of British nationals alone are concerned.

7207. Assistance to other Commonwealth Citizens and Foreign Nationals

1. Application for the granting of assistance to other Commonwealth citizens and foreign
nationals may be entertained if made through the British diplomatic or consular
representative.

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7208. Protection of British ships

1. The foregoing rules are also applicable to the protection to be afforded to British ships
(i.e., of United Kingdom or colonial registry) in foreign ports; they are only to be protected
by force against actual and wrongful violence and when remonstrance has failed. Only
such degree of force may be used as is, in the circumstances, strictly necessary. If a British
ship in a foreign port or territorial waters makes a request for protection, Commanding
Officers must exercise care, when considering the request that they do not attempt to
thwart an action by local authorities which is in accordance with international law.

2. There may be circumstances in peacetime where a merchant ship can seek RN

protection in international waters. Specific instructions exist for operations in the Gulf area,
but if a request for protections is made elsewhere, this must be referred to the Ministry of
Defence (Secretariat (Naval Staff)).

7209. Neutrality

1. When other powers are in a state of war, or are engaged in hostilities, it is the duty of
all Her Majesty’s officers to observe a strict and impartial neutrality between the
contending parties, and to respect unreservedly the just exercise of their respective
belligerent rights.

7210. Respect of Territorial Limits

1. The territorial limits claimed by Commonwealth and foreign Powers are, as a general
rule, to be scrupulously respected, without prejudicing Her Majesty’s Government’s view
on the limits which are in accordance with international law. No exercise of authority over
the persons, the ships or the goods of another nation is permissible in territorial waters,
nor are any gunfiring or other practices or hydrographic surveys to take place within
territorial water limits without the permission of the appropriate authorities.

2. When instructed, notification of passage through the territorial waters of a coastal

state is to be given to the authorities of that state as a matter of courtesy only.

3. The right of innocent passage through territorial waters afforded to HM ships does not
include any right to stop or anchor in those waters except in the circumstances set out
below.

a. Such action is incidental to normal navigation.

b. The ship is forced to do so in an emergency or because of weather.

c. For the purpose of rendering assistance to persons, ships or aircraft in danger or

distress.

d. Prior permission has been granted to stop or anchor in a particular area.

4. If an unforeseeable stop in foreign territorial waters is unavoidable, the British Naval

Attache of the country concerned is to be informed immediately.

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7211. Coercion of British Shipping

1. If any British merchant ship (as defined in Para 7208) should be coerced into the
conveyance of troops or into taking part in other hostile acts, the senior naval officer,
should there be not British diplomatic or consular authority at the place, is to remonstrate
with the local authorities and take such other steps to ensure her release or exempltion as
the case may demand.

7212. Unrecognized Entities and Régimes

1. In certain parts of the world there exist from time to time entities which are not
recognized as states, and régimes which are not recognized as governments by Her
Majesty’s Government.

2. The circumstances are to be reported to the Ministry of Defence (Secretariat (Naval

Staff)):

a. If questions arise of participation in any international event in which

representatives of an unrecognized régime are likely to be taking part.

b. Where contacts are likely to be made with officials who claim to represent an
unrecognized régime.

c. If approaches are made by persons who claim to represent an unrecognized

régime; there are to be no official dealings with such persons.

7213. Rupture of Diplomatic Relations

1. There may be occasions when diplomatic relations have been broken off between Her
Majesty’s Government and the government of another state. Although a rupture of
diplomatic relations does not mean that Her Majesty’s Government has ceased to
recognize the state concerned or its government, there should not (wherever this state of
affairs exists) be any official contacts, even of a social kind. Any approaches to the other
Government should be made through the protecting power which has been appointed to
safeguard the interests of British nationals and their property.

7214. Visits to Firms Abroad by Serving Officers and Ministry of Defence

Personnel

1. There may be occasions when attendance by serving officers or civilian personnel of

the Ministry of Defence at functions given by firms abroad may prove embarrassing to Her
Majesty’s Government.

2. While most invitations to functions are from reputable firms and there is no reason why
they should not be accepted, invitations from such firms abroad are to be examined with
care. Whenever there is doubt, guidance is to be sought from the Ministry of Defence
(Secretariat (Naval Staff)) or the appropriate British Naval Attaché.

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7215. Foreign Enlistment Act, 1870

1. Responsibilities of Officers. Any naval or Royal Marines Officer may be called upon
to exercise certain responsibilities under the Act and, although he is unlikely to have to do
so without instructions from the Ministry of Defence (Secretariat (Naval Staff)), he is also
expected to bring to the notice of higher authority suspected breaches or impending
breaches of it.

2. Purpose of Act. The purpose of the Act is to prevent assistance to foreign states
which may be at war with friendly states, i.e., foreign states at peace with Her Majesty.
(‘Foreign state’ is widely defined in the Act.) The Act provides that it is an offence:

a. To enlist in the armed forces of such a state.

b. To leave any part of Her Majesty’s territory with the intention of so enlisting.

c. To build, commission, equip or despatch any ship with intent or knowledge or

reasonable cause to believe that it is to be employed in the military or naval forces
of such a state.

d. To fit out an expedition against the territory of a friendly state.

3. Provisions of Act. The Act also provides that it is an offence for the Master or owner
of any ship, whether British or not, in British territory to take on board any British subject
who intends to enlist in the armed forces of a foreign state at war with a friendly state. It is
also an offence for any person in British territory, whether British himself or not, to attempt
to induce a British subject to enlist in the armed forces of a foreign state at war with a
friendly state.

4. Forfeiture of Ship. Provision is made for the forfeiture to Her Majesty of any ship built,
commissioned, equipped or despatched in contravention of the Act and for the detention
of any ship, on board which the Master or owner has taken illegally enlisted persons, until
all penalties imposed on him have been paid or security has been given.

5. Procedure under Act. The normal procedure under the Act to effect the seizure or
detention of a ship is to obtain an order of the High Court or similar authority against her.
Any Customs Officer, Board of Trade officer or naval, military or air force officer on full pay
may then be called upon to seize and detain the ship.

6. Normal Cases. In the United Kingdom a Secretary of State, or in other British territory
the chief executive authority, may issue a warrant for the detention of such a ship if he has
reasonable and probable cause for believing that the ship is about to be used for a purpose
contrary to the Act. The officers mentioned in the preceding Clause may be called upon to
detain the ship under the warrant of the Secretary of State or the chief executive authority.
In such cases the onus is upon the owner to show that he is not guilty of the suspected
offence. If he is successful in doing so, the Crown may be liable for damages.

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7. Urgent Cases. In cases of extreme urgency, e.g., where the ship would have sailed
for a foreign port before a warrant could be obtained, any of the officers mentioned in
Clause 5 may detain a ship under the Act, communicating the fact forthwith to the
government department concerned. Since wrongful detention in these circumstances may
mean that the Crown has to pay damages, it is obvious that the evidence of an intended
infringement of the Act must be very strong to justify detention by local authorities on their
own initiative, even in cases of extreme urgency.

8. Armed Ship. Special caution is to be used in dealing with armed ships.

9. Prevention of Resistance. Whenever an officer is required to act under these

instructions, a commanding force is, if possible, to be employed, so as to prevent all
resistance.

10. Powers of Seizure and Detention. The powers of seizure and detention given to
officers as above are exercisable in British territorial waters over any private ship whatever
be her nationality.

11. These powers are also exercisable on the high seas, not being territorial waters, over
British ships but over no other ships.

12. They are not exercisable over any ship in foreign or Commonwealth territorial waters.

13. They are not exercisable in any waters over any ship of war of any foreign or
Commonwealth state.

14. As soon as it has been decided to exercise the powers of seizure or detention given,
the Commander-in-Chief or senior officer present is to announce the fact to the Master of
the ship and take proper measures to secure the ship.

15. In the absence of special orders, the officer seizing or detaining any ship is to use his
own discretion whether he will detain her on the spot or bring her into the nearest British
port, and whether he will take possession of her or allow her to be navigated by her own
crew.

16. He is not to use force, except in the last resort, but he is authorized, in the absence of
special orders to the contrary, to use force should he meet with resistance from the ship or
if the ship, after having been duly warned, should pertinaciously attempt to escape.

17. Any officer authorized to seize or detain any ship for an offence against the Act may,
in order to enforce seizure or detention, call to his aid any constable or police officer, any
officer of HM Forces, Customs or Excise Officer, harbour or dock master or other officer
having authority by law to seize ships, and may put such officers on board to take charge.

18. Having secured the ship, the officer seizing or detaining her should forthwith apply to
the civil authorities for instructions.

19. In addition to the above duties, he will have the power, on receipt of a warrant from a
judge of a superior court, to convey any prisoner to any place or places named in such
warrant, and to deliver him on arrival into the custody of any authority designated by such
warrant.

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20. Non-breaches of Act. The following acts are not breaches of the Foreign Enlistment
Act, 1870:

a. Building or equipping a merchantman, in order )

that, as such, she may carry cargo contraband of )
war; )
)
b. Putting on board a merchantman a cargo
)
contraband of war;
)
c. Despatching a merchantman with or in order )
that, as such, she may carry a cargo contraband of ) provided that such ship is
war; ) not to be employed in the
d. Building, equipping or despatching a ) military or naval service of
merchantman, in order that, as such, she may run a ) any foreign state at war
blockade; ) with any friendly state.
)
e. Building, causing to be built, or equipping a ship )
under a contract made before the war in question )
broke out, if on Her Majesty proclaiming Her )
neutrality he gives notice of the contract to the )
Secretary of State and gives security that the ship )
will not be delivered or removed without licence. )

7216. Foreign Vessels

1. Part I Section 3 of the Merchant Shipping Act, 1995, provides that if the master or
owner of a ship which is not a British ship does anything, or permits anything to be done,
for the purpose of causing the ship to appear to be a British ship, then the ship shall be
liable to forfeiture and the master, the owner and any charterer shall each be guilty of an
offence unless the assumption of British nationality has been made for the purpose of
escaping capture by an enemy or by a foreign ship of war in the exercise of some
belligerent right.

2. Under Part I Section 7 of that Act, where a ship has either wholly or as to any share in
it become liable to forfeiture under this Part -

a. any commissioned naval or military officer, or

b. any person appointed by the Secretary of State for the purposes of this section;

may seize and detain the ship and bring the ship for adjudication before the High Court or,
in Scotland, the Court of Session. No officer or person bringing proceedings under this
section shall be liable in damages in respect of the seizure or detention of the ship,
notwithstanding that the ship has not been proceeded against or, if proceeded against,
adjudicated not liable to forfeiture, if the court is satisfied that there were reasonable
grounds for the seizure or detention.”

3. If a Commanding Officer should find it necessary to invoke either of these sections in

respect of a vessel which is within the territorial waters of a Commonwealth or foreign
country, he should first seek the co-operation of the local authorities through the British
diplomatic or consular representative.

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7217. Carriage of Nuclear Weapons in HM Ships

1. When visits are arranged to Commonwealth or foreign countries, the current policy in
response to any question on the carriage of nuclear weapons in HM ships is to be closely
followed. It is the established and immutable practice neither to confirm nor deny the
presence of nuclear weapons on board HM ships. If clarification of this policy is required,
or if this response is not considered satisfactory and subsequent questions are asked,
further advice should be sought from the Ministry of Defence Naval Staff Secretariat.

7218. Drug Interdiction

1. This is primarily a civil responsibility, and assistance may only be given at the specific
request of the relevant civil authority. Requests for assistance must be referred to the
Ministry of Defence (Director UK) for consideration. Interdiction is restricted to British flag
ships on the high seas or to any ships within British territorial waters (or the territorial
waters of dependent territories where appropriate legal provisions exist).

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