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Emergency Contact Shev Algama: BIMCO Anti-Corruption Clause Home Latest updates News Shev Algama: BIMCO Anti-Corruption Clause 18 Apr 2016 Download View pdf Sign up for alerts Background In recent years, there have been significant developments in worldwide anti-corruption legislation. A good example of this under English law is the controversial Bribery Act 2010. The development in anti-corruption legislation has led to a number of anti-corruption rider clauses being inserted into charterparties and other such contracts. These rider clauses invariably favour one party over the other. However, the new BIMCO anti-corruption clause is designed to tackle these imbalances and provide a form, which both owners and charterers will be happy to use. Purpose of the clause The purpose of the new anti-corruption clause is to remove corruption from the shipping industry by providing a contractual platform to avoid corrupt actions. It attempts to balance the interests of owners and charterers, assisting them in working together when facing and resisting demands for illegal payments. When the clause was launched, Angus Frew, the BIMCO General Secretary said: "BIMCO recognises the importance of a united approach by the shipping industry towards stamping out corruption in the ports and places where the world's merchant fleet trades" The clause Under the clause, if an official demands a facilitation payment from the Master or owner the charterers are to be notified as soon as possible. If the request is not withdrawn, despite taking reasonable steps to refuse the facilitation payment, the Master can issue a letter of protest to the charterers. It will be assumed that any delay to the vessel will be as a result of resisting the demand of payment and time lost will count as laytime/demurrage. A typical dispute our Members are therefore likely to face is charterers refusing to acknowledge that laytime continues to run whilst their vessel is being delayed due to the Master's refusal to
Shev Algama: BIMCO Anti-Corruption Clause
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