BIMCO Launches Anti-Corruption Clause
International shipping association BIMCO has launched an anti-corruption clause for shipping charterparties.
The clause will give owners and charterers a “contractual platform for cooperative action to resist demands for illegal payments from port officials and others,” said the association.
The clause can be used in any jurisdiction because it applies the anti-corruption laws applicable to each of the parties and the local law of the place where the ship is located.
A key provision of BIMCO’s Anti-Corruption Clause is a mechanism for owners to issue a note of protest if an illegal demand is made and the demand is not withdrawn.
This triggers a cooperative response by charterers and owners to the demand. A safeguard for the owners if they issue a protest to resist a demand and the ship is delayed is that charterers cannot place the ship off-hire.
Angus Frew, BIMCO secretary general, said: “BIMCO recognizes 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.
“Use of the clause is entirely voluntary – it has been developed for owners and charterers who want to combat corrupt practices in ports by using a clearly worded framework in their charter parties.”
Copies of the Anti-Corruption Clause can be downloaded for free at www.bimco.org.
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