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Navigating Through Corruption: An Analysis of Anti-Corruption Criminal Laws in the Port Setting and the BIMCO Anti-Corruption Clause for Charter Parties

Hardy, Steven Keith
Master thesis
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Thesis---Candidate-94.pdf (603.1Kb)
Year
2017
Permanent link
http://urn.nb.no/URN:NBN:no-61914

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  • Nordisk institutt for sjørett [274]
Abstract
Corrupt public officials in certain ports are known to sometimes make demands for payments in order for ships or cargo to be processed. Such a demand results in a dilemma for the ship owner and charterer in that resisting the demand could have substantial economic consequences whereas complying with it could mean violating one or more criminal anti-corruption laws. This paper examines the issue of port corruption, discusses important anti-corruption conventions and legislation, identifies key legal differences between conventional bribery and facilitation payments, and discusses contractual terms that may govern between the ship owner and charterer should a public official demand an illegal payment. These topics and other are presented using the BIMCO Anti-Corruption Clause for Charter Parties as a basis.
 
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