БИМКО разработал оговорку в чартерах, которую судовладельцы и фрахтователи могут использовать для объединения своих усилий в борьбе против незаконных требований портовых и других властей, касающихся дополнительных платежей, не предусмотренных правовыми нормами. Эта новая оговорка может быть использована в любой юрисдикции.
BIMCO, the world’s largest international shipping organisation, has now launched an anti-corruption clause for charter parties.
The new clause will give owners and charterers a contractual platform for cooperative action to resist demands for illegal payments from port officials and others.
BIMCO Secretary General, Angus Frew, 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.
“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.”
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Clause is a mechanism for owners to issue a note of protest if an illegal demand is made and the demand is not withdrawn.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 co-operative 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.
Inga Froysa of Klaveness, Norway, is part of BIMCO’s Documentary Committee and headed the drafting team for the new clause. Mrs Froysa commented:
“Our objective is to provide the industry with a fair and balanced clause.
“The clause addresses owners’ and charterers’ responsibility to comply with anti-corruption legislation and helps them to work together to resist demands for illegal payments”.
“BIMCO’s Anti-Corruption Clause is the result of a concerted effort by a team of international lawyers and practitioners to provide an acceptable and workable alternative to the clauses currently in circulation.”
Copies of the Anti-Corruption Clause are now available to download free of charge from the BIMCO website.
A set of accompanying explanatory notes are being prepared, setting out the background to the clause and explaining the thinking behind each of its six sub-clauses.
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Notes to Editors
- BIMCO is the world’s largest international shipping association, with 2,200 members in around 130 countries.
- Our members represent around 60% of the world’s commercial fleet.
- We provide a wide range of services to our global membership – which includes shipowners, operators, managers, brokers and agents.
- BIMCO’s core objective is to facilitate the commercial operations of our members by developing standard contracts and clauses, and providing quality information, advice and education.
- BIMCO promotes fair business practices, free trade and open access to markets and we are a strong advocate for the harmonisation and standardisation of all shipping related activity.
- BIMCO actively promotes the application of globally agreed regulatory instruments – we are accredited as a Non-Governmental Organisation (NGO) with all relevant United Nations agencies and other regulatory entities.