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TIN news:    BIMCO has 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Clause is a mechanism for owners to issue a note of protest if an illegal demand is made and the demand is not withdrawn.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.”

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