# The Bribery Act 2011



## Cap'n Pete (Feb 27, 2006)

Last year, shortly before I retired, my ship berthed at a large container terminal in China. First up the gangway was a police officer armed with a notice advising me that the giving of "presents" to officials was illegal, and warned of heavy penalties if I failed to comply. I signed the man's notice to indicate my understanding and stood to wish him farewell. To my surprise, he then asked for a carton of cigarettes!

On the 1st July 2011, the Bribery Act comes into force in the UK. Nautilus campaigned unsuccessfully for shipmasters to be exempt from provisions which make the giving small "gifts" to port officials to facilitate port entry and other administrative procedures illegal.

The effect of this new law will be to further criminilise the seafarer, particularly in the UK. In the USA, where a similar law was enacted, shipmasters have been granted exemptions.

The master now has two choices; he can refuse to give small gifts of Marlboro or a bottle of whisky to a port offical and accept that his multi-million dollar container ship will be delayed or he can hand over the $10 carton of Marlboro knowing he is committing a criminal act. What would you do?

Throughout my 20 years as master, I had to give out cartons of Marlboro and bottles of whisky to countless port officials in just about every country in the world that did not have English as it's first language. The consequences for not doing so would almost certainly have resulted in fines, delays, and other undesirable consequences for what, in the end, is a very small price to pay for their "good co-operation".


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## lakercapt (Jul 19, 2005)

Always understood that it was part of doing business in many foreign ports and the consequences of not doing it could be hounding by petty officials.
A Canadian company that were venturing into "Outside" shipping as they were a "Lakes" company insisted that under no cir***stances was there to be even token gifts handed out. The masters were very much against this policy and tried to warn them of the consequences.
That policy did not last too long when a couple of their vessels were fined for silly minor infractions that a carton of cigarettes and a bottle would have resolved. They were targeted in every way and life was made very uncomfortable for the crew with the immigration etc.
Trying the legislate out customs that have been in time immoral in shipping is again another example of the pen pushers secure in their little world making life difficult for the people that have to comply with that foolishness.


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## Don Matheson (Mar 13, 2007)

I thought this thread was about how to become a politician! 
If no bribery is allowed anywhere ( although this law just applies to the UK) then Indonesia would stop being a trading nation. Was very simple there, no cigs, no work on your ship. 
Even had a ship come in one day wearing an explosives flag. Once the local customs found out what it was they brought some army officers to clean it, they also left the ship with their "gifts".

What happens now if a foreign flag ship comes in not knowing the new rules and "offers" some cigs?

Don


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## Basil (Feb 4, 2006)

Crazy! Those idiots in our legislature are going to legislate us out of doing business.
I commanded an aircraft into a subcontinental airport at which it was 'customary' to give customs a box of beer.
My Chief Pilot, a normal, likeable, good guy had, for reasons best known to himself, told us to cease the dash.
It became apparent that all was not well. I told the Chief Stewardess to give them a crate and I'd sign for it. Things suddenly improved with  all round.

Even the mega-dash is, IMHO, justified if it means British industry gets the contract which would otherwise go elsewhere. It's just added to the bill anyway.

p.s. Thanks for heads up. I've posted on a professional aviation website. Be interesting to see how this is handled.


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## Ray Mac (Sep 22, 2007)

Good job it does not include transit of the sewage canal:sweat: No gratuities no transit(Read)

Ray


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## Satanic Mechanic (Feb 23, 2009)

Burned Toast said:


> Good job it does not include transit of the sewage canal:sweat: No gratuities no transit(Read)
> 
> Ray


Actually - got a bit of news there - last time we went through - zero gratuities nothing, the pilot didn't even ask so we offered him a carton of **** - HE TURNED IT DOWN saying he wasn't allowed.(EEK)

As for this act, I had a wee read at it and while anyone could be done - I get the impression it is really aimed and the big stuff or the greedy. 

What you might find is more of, for want of a better word, is retroactive bribery - where by you get the service first and you reward good service with a present - just a thought!!!!


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## RayJordandpo (Feb 23, 2006)

When was that SM? I went through Suez a couple of years ago on a rig. Besides the bottle and ciggies the pilot emptied the fridge of all it's contents into a bin bag even down to bottled water. His relief came on board and did exactly the same, claiming he had "a large family with many mouths to feed". To be honest I felt embarrassed for them


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## James_C (Feb 17, 2005)

Same here - I transit Suez 3 or 4 times a year and the Pilots, Inspector, Boatmen, Electricians and Pilot crews all demand cigarettes, the natives will steal anything that isn't welded down, the Pilots empty the bridge fridges and even rob the fruit from the bowl in the Officers saloon.
Even had one Pilot earlier this year who robbed a load of paper from the bridge deskjet printer, his relief then nicked all the digestives and hob nobs.
It's one place that has never changed - nor is it likely to.


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## Ray Mac (Sep 22, 2007)

Last time in canal 2007, 48 cartons Marlbo Red - Cs Corned dog - Bottled water - Soap (Camay) -Nestcafe Coffee. gratuities for Port officials - Pilots - electricians and any bugger else that could get a freebie. Only time they never asked for anything was when transiting the canal on a Saudi Flag Vessel.

Ray


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## Satanic Mechanic (Feb 23, 2009)

Fair enough lads, I'm more than happy to be brought up to date - this was 2006 - must have been a one off!!!!

I know there were moves afoot to try and stamp it out - guess it didn't work then(Jester)


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## Satanic Mechanic (Feb 23, 2009)

James_C said:


> , his relief then nicked all the digestives and hob nobs.


The bastid (Cloud)

were they chocolate?


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## Alex Salmond (Mar 7, 2011)

[ his relief then nicked all the digestives and hob nobs.
It's one place that has never changed - nor is it likely to.[/QUOTE]

Whit!! now expecting a dashme of **** and booze is one thing and lets be honest you wouldnt expect anything else from these dodgy [email protected]@ers,but to take the biccies(EEK) is just going too far,need to stash them along with the ganja next time..
reminds me years ago coming down the Kiwi coast in the 60s- 70s when you didnt see British food down here and the jumped seaman used to snaffle all the half empty bottles of HP sauce etc.. out the messroom and take them home.


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## James_C (Feb 17, 2005)

Satanic Mechanic said:


> The bastid (Cloud)
> 
> were they chocolate?


Nah they were plain, I've never really taken to the Choccy ones. 
What made it all the more criminal was that I'd been carefully hoarding the damn things for weeks - it's amazing just how light fingered wayward Chief Engineers, leckies and other undesirables can be when they find out the bridge has half decent biccies for afternoon smoko......(EEK)

Ach, but I miss me Tim Tams......


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## reefrat (Nov 4, 2007)

Having wored in the gulf areas for years dash was the accepted thing for clearances
When Congress in their wisdom introduced the foriegn corrupt practices act, I had to sign a statement every 6 months that I had nor indulged in any corrupt practices, other than sexual ones, but that is another story
As we were still obliged to continue the long established system, I found relief in the section of the act dealing with facilitation payments which were legal.
To keep the books straight the account code was 
"Tips and Other Considerations", some considerations


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## Keltic Star (Jan 21, 2006)

The Bribery Act 2011: Hope they have provided copy to BAE.


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## chadburn (Jun 2, 2008)

Keltic Star said:


> The Bribery Act 2011: Hope they have provided copy to BAE.


I think that the episode with BAE was the pre-cursor to the Bribery Act.


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## What the Fug (Aug 22, 2007)

chadburn said:


> I think that the episode with BAE was the pre-cursor to the Bribery Act.





But BAE were paying commisions 

Reckon one could get away with calling them access payments from now on.

We got access to a Pilot, we got access to our goods, we got access into the country etc etc


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## Basil (Feb 4, 2006)

reefrat,


> Having wored in the gulf areas for years


Now, we know it's a typo, BUT, is the missing letter a 'k' or an 'h' [=D]


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## Satanic Mechanic (Feb 23, 2009)

Basil said:


> reefrat,
> 
> Now, we know it's a typo, BUT, is the missing letter a 'k' or an 'h' [=D]


(Jester)(Jester)


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## billyboy (Jul 6, 2005)

He is Ex-MN. gotta be an "H" I should thing ha ha ha


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## Satanic Mechanic (Feb 23, 2009)

Basil said:


> reefrat,
> 
> Now, we know it's a typo, BUT, is the missing letter a 'k' or an 'h' [=D]


Though to be fair Basil in the Gulf there is barely a *** paper difference at times


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## RayJordandpo (Feb 23, 2006)

Basil said:


> reefrat,
> 
> Now, we know it's a typo, BUT, is the missing letter a 'k' or an 'h' [=D]


That's a cracker! best one I've heard in ages(Applause)(Applause)


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## Klaatu83 (Jan 22, 2009)

[QUOTEThe master now has two choices; he can refuse to give small gifts of Marlboro or a bottle of whisky to a port offical and accept that his multi-million dollar container ship will be delayed or he can hand over the $10 carton of Marlboro knowing he is committing a criminal act. What would you do?

Throughout my 20 years as master, I had to give out cartons of Marlboro and bottles of whisky to countless port officials in just about every country in the world that did not have English as it's first language. The consequences for not doing so would almost certainly have resulted in fines, delays, and other undesirable consequences for what, in the end, is a very small price to pay for their "good co-operation".[/QUOTE]

People I meet on land are often surprised to hear that, in the Maritime World, bribery is still very much a part of the usual manner of doing business. How, for instance, could a captain hope to get his ship through the Suez Canal without it? When I was on the West Coast of South America run, the company used to issue the captain thirty cases of cigarettes just for "greasing the ways" (as we called it).


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## Pat McCardle (Jun 12, 2005)

Satanic Mechanic said:


> The bastid (Cloud)
> 
> were they chocolate?


At least they never licked all the chocolate off the biccies(Jester)


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## Keltic Star (Jan 21, 2006)

This is the terminology we use in agent and manufacturing license agreements that covers us to some extent but also allows for flexibility at the local level.

_ARTICLE 11: ETHICAL BUSINESS PRACTICES

11.1 Agent hereby represents and warrants that: (a) in carrying out its responsibilities under this Agreement, Agent and its owners, officers, directors, employees, or agents have not and will not pay, offer or promise to pay, or authorize the payment, directly or indirectly, of any monies or anything of value to any government official or employee or any political party or candidate for political office for the purpose of influencing any act or decision of such official or of the government to obtain or retain business, or direct business to any person (any such payment being defined as a “Prohibited Payment”); and, (b) no owner, partner, officer, director or employee of Agent or of any entity affiliated with Agent is or will become an official or employee of the government of any country located in the Territory during the term of this Agreement without the prior written consent of Company. A Prohibited Payment does not include modest facilitating payments to low-level government employees for the purpose of expediting or securing a routine administrative action ordinarily performed by such employees, provided the recipient of such service or action is entitled to receive such service or action and the payment is customary and appropriate.
_


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## reefrat (Nov 4, 2007)

Basil said:


> reefrat,
> 
> Now, we know it's a typo, BUT, is the missing letter a 'k' or an 'h' [=D]


Both, but "w" later became a problem,, though one old geordie Dock master in Dubai who patronised some very ropy ladies of the night, when challenged about the possibility of Aids, told me "I am 67 years old and it takes about ten years to get you, who cares"


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## Andrew Craig-Bennett (Mar 13, 2007)

Well I have been to a presentation at Intercargo given by Philip Roche of Norton Rose so I now know more about it.

1. Sewage Canal - it seems there may be an Egyptian law which says dash of the usual type is not illegal. If it's not illegal in Egyptian law its OK under the Act. (Jester)

2. Commissions. An "address commission" is OK but a "commission for division" will get you in front of the beaks and into the slammer double fast.(Ouch)

3. Companies need to have a "policy" on bribery (Scribe) and must carry out staff training (I kid you not!) (?HUH) "_Pay whatever it takes to get us the job" _is not the sort of policy the Act has in mind!

4.Two hours ago my agent in a large port in southern Europe, not a former member of the Warsaw Pact, was on the phone saying that our ongoing PSC issues there might be reduced if some more people in the port were taken out to lunch more often... (Whaaa)


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## Cap'n Pete (Feb 27, 2006)

At every major sporting event in the UK, many companies provide "hospitality" to favoured clients. Strangely, such practices will continue to be legal under the new Bribery Act even though the provider will expect to receive a financial gain his outlay.

Of course, a shipmaster is not privy to such "bending of the rules" because his "bribery" of port officials is not seen as providing "hospitality" but as an enducement to gain an economic advantage ie the smoothing of the waters in gaining port entry etc . Where does it end though; you provide cans of Coke to provide refreshment to hot and thirsty port officials as they arrive in the ship's office. Nine times out of ten, they will put the cans in their bags unopened as part of their "gift". The intention was to provide "hospitality" but it ends up as an illegal "bribe".

It is not the shipmaster who is a criminal. It is the banks, the likes of BAE and a hundred other companies who provide inducements to customers to gain orders which keep their employees in work. The PC liberal brigade need to take a hard look on what really happens beyond our shores.


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## Satanic Mechanic (Feb 23, 2009)

Cap'n Pete said:


> . The PC liberal brigade need to take a hard look on what really happens beyond our shores.


What a shower they are

Thats why I support Brigade of PC Liberals


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## Andrew Craig-Bennett (Mar 13, 2007)

I must stick my paw up and say that I have been to a Grand Prix with a shipbroker, to the Rugby World Cup with a bank, to Twickenham with a firm of lawyers and to the Lords Test with a firm of accountants.

All perfectly legal and above board, but Heaven Help the Master who hands over a carton of Marlboro as part of the port or canal routine!

Something here is not right.


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## Basil (Feb 4, 2006)

reefrat,

The Dockmaster's haunt sounds like a place called something like 'Afric' near the docks.

One of our engineers recommended it (didn't take his advice again).
Standing at bar and something wet went into my ear; I looked around and observed this large black guy with his tongue in except that, on closer inspection, it wasn't a guy.


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## ART6 (Sep 14, 2010)

Laws like this are enacted by politicians who don't live in the real world. They believe that by introducing anti-bribery laws they will be seen to be squeaky clean by the electorate when they are actually the worst offenders (political donations anyone?). Sadly, since the demise of the empire the politicians and civil servants who could even comprehend other cultures and their ways of doing things are long gone. Pragmatism has died having been infected by PC.

HOWEVER -- we have the culture of the playing fields of Eton and the squeals of Sloane Square, and fair play to everyone. We are British, and we don't bribe anyone (having spent several hundred years doing just that). We are politically correct, and so giving a port official a carton of **** in thanks for his help is a mortal sin punishable with a penalty that wouldn't be visited on a rapist.

I have the advantage of being an ex-pat, but I can still despair of the country of my birth and of which I am proud. I just wonder if the current politicians could ever imagine how the world of international commerce operates outside of their narrow blinkers. Answer? No chance. They are all far, far too shallow!


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