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These presumptions of the destination of enemy territory are not sufficient to establishthat the property is destined for use by an enemy government or its armed forces, which wouldbe necessary to establish a basis for the forfeiture of the property if the property is classified asconditional contraband. 24115.12.3 Certificate of Noncontraband Carriage. A certificate of noncontraband carriageis a document issued by a belligerent consular or other designated official to a neutral vessel(navicert) or neutral aircraft (aircert) certifying that the cargo being carried has been examined,usually at the initial place of departure, and has been found to be free of contraband. Thepurpose of such a navicert or aircert is to facilitate belligerent control of contraband goods withminimal interference and delay of neutral commerce. 242 The navicert or aircert may be viewedas a type of commercial passport. 243The certificate is not a guarantee that the vessel or aircraft will not be subject to visit andsearch or that cargo will not be seized. (Changed circumstances, such as a change in status of theneutral vessel, between the time of issuance of the certificate and the time of interception at seamay cause it to be invalidated.) Conversely, the absence of a navicert or aircert is not, in itself, avalid ground for seizure of cargo. 244Navicerts and aircerts issued by one belligerent State do not limit the visit and searchrights of an opposing belligerent State. When a neutral ship or aircraft accepts a navicert oraircert from one belligerent State, this may affect how the other belligerent State views theneutrality of that aircraft or vessel. 245241 Refer to § 15.12.1.1 (Distinction Between Absolute and Conditional Contraband).242 2007 NWP 1-14M 7.4.2 (“A certificate of noncontraband carriage is a document issued by a belligerent consularor other designated official to a neutral vessel (navicert) or neutral aircraft (aircert) certifying that the cargo beingcarried has been examined, usually at the initial place of departure, and has been found to be free of contraband.The purpose of such a navicert or aircert is to facilitate belligerent control of contraband goods with minimalinterference and delay of neutral commerce.”); 1998 NWP 9 7.4.2 (same).243 See Malcolm Moos, The Navicert in World War II, 38 AJIL 115 (1944) (“In view of their favorable experiencewith the ‘navicert’ during World War I, its revival by the British in December 1939, occasioned no surprise. Theterm navicert is derived from the code word ‘navicert,’ and in essence is a commercial passport designed tofacilitated the passage of consignments through the British blockade.”). Refer to § 12.6 (Military Passports, Safe-Conducts, and Safeguards).244 2007 NWP 1-14M 7.4.2 (“The certificate is not a guarantee that the vessel or aircraft will not be subject to visitand search or that cargo will not be seized. (Changed circumstances, such as a change in status of the neutral vessel,between the time of issuance of the certificate and the time of interception at sea may cause it to be invalidated.)Conversely, absence of a navicert or aircert is not, in itself, a valid ground for seizure of cargo.”); 1998 NWP 7.4.2(same).245 See TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 322-23 (“In this connection a problem of considerableimportance arises as a result of the attempt by belligerents to institute a system of passes for neutral shipping. Inprinciple, it is clear that such devices as the navicert and ships warrant are intended to establish an effective controlover the activities of neutral merchant vessels. Neutral merchant vessels by submitting to such a system therebyease the belligerent's task of patrolling the high seas in search either of contraband carriers or of blockade runners.It seems reasonably well-established that a neutral merchant vessel in accepting a safe-conduct pass from abelligerent subjects itself to the control of the latter and performs an act of unneutral service. The same conclusion972

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