Adequate procedures to tackle bribery
All shipping companies operating from Britain will be legally required to have “adequate procedures” to tackle bribery in place from July 1, maritime lawyers said after Justice Secretary Kenneth Clarke yesterday unveiled guidelines on how the Bribery Act 2010 will apply in practice.
No exemption is available for so-called facilitation payments, which in common with many other jurisdictions, will be designated as bribes. Petty graft, including small gifts to port officials, will thus technically be unlawful.
However, prosecutions are considered unlikely if these are properly accounted for, and owners can plausibly argue that local culture leave little alternative.
But corporate entertainment, including wining and dining, taking potential clients to major sporting events or paying for them to go on site visits, will be acceptable where “reasonable and proportionate”.