'League of Nations, Conference for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, Geneva, 17th June 1925' [‎26r] (58/138)

S. (a) In tlie case of vessels referred to in paragraph I (a) aLove, 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
Contracting Parties, be handed over to the nearest authority of that State. If
such State is not a High Contracting Party, the vessel 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.
(6) 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 articles covered
by Categories I, II, IV and V, 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 conducting the enquiry. The illicit cargo may be
destroyed in accordance with laws and regulations drawn up for the purpose.
(c) In the case of vessels referred to in paragraph 1 (b) above, if it be established
that the vessel had the right to fly the flag of one of the High Contracting Parties
but was engaged in the illicit conveyance of any of the articles covered by Categories
I, II, IV and V, the procedure laid down in the preceding paragraph should be
followed.
{d) In the case of vessels referred to in paragraph 1 (6) above, if it be established
that the vessel was not entitled to fly the flag of any of the High Contracting Parties-
and was engaged in the illicit conveyance of any of the articles covered by Categories
I, II, IV and V, the vessel and all cargo carried in addition to these articles shall be
seized by such authorities and disposed of according to the national laws and
regulations of the authorities before whom the vessel has been brought. The
destruction of this cargo may be ordered according to the same laws and regulations.
(e) If the authority entrusted with the enquiry decides that the detention and
diversion of the vessel or other measures imposed upon her were irregular, he
shall assess the amount of the compensation which he considers to be due.
9. If the decision and assessment of the said authority are accepted by the
detaining officer and the authorities to whom he is subject, the amount awarded shall
be paid within six months from the date of the said assessment.
10. If the detaining officer, or the authorities to whom he is subject, contest the
decision or the amount of the compensation assessed, the dispute shall be submitted
to a Court of Arbitration consisting of one arbitrator appointed by the Government
whose flag the vessel was flying, one appointed by the Glovernment of the detaining
officer, and an umpire chosen by the two arbitrators thus appointed. The two
arbitrators shall be chosen, as far as possible, from among the Diplomatic, Consular
or Judicial officers of the High Contracting Parties. These appointments must
be made with the least possible delay. Any compensation awarded shall be paid to
the persons concerned within six months at most from the date of the award of the;
court.
11. The Commanding Officer of a warship who may have stopped a vessel'
flying a foreign flag shall in all cases make a report thfereon to his Government,
stating the grounds on which he actec 1 . An extract from this report, together with
a copy of the proces-verbal, drawn up by the officer, warrant officer, petty or non
commissioned officer sert on board the vessel detained, shall be sent as soon 8$
possible to the Government whose flag the detained vessel was flying and to such
of the High Contracting Parties as may have expressed the desire to receive sucb
documents.
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