MACN – PILOT REVISION (2024) Stand Your Ground, Be a Leader – Captains Edition

• Bribery: the acceptance, offering, solicitation or promise of benefits, in type or monetary, in order to gain business advantages to which you are not otherwise entitled.
• Corruption: the abuse of entrusted power for private gain.
• Facilitation payment: a payment meant to speed up a routine action, such as a ship being cleared or allowed to leave sooner (a classic "tea money" demand).

Your first line of defence against bribery or corruption is to be prepared and know what to look out for — for instance by calling the Port Agent prior to the port call. Useful preparation includes putting up anti-corruption posters on the gangway, having a preparatory call with the Port Agent to inform them of the company's policies, researching known challenges at that port, and double-checking all documentation in advance.

When your integrity is being tested, communicate politely but firmly, and keep politely referring to your company's policies. Standing your ground and citing policy is exactly what a successful rejection looks like. A company can be held liable for bribery committed by its agent. If the Master gives alcohol to customs authorities to gain a business advantage, or hands over goods the officials demand in return, that is bribery. Where the Captain pays an official to jump a queue, it is the public official who commits bribery.

Duress involves threats to the physical security of you and/or the crew. In cases of duress, safety comes first — the crew are allowed to make the payment — but the case must be reported to the company as soon as possible. A demand that is successfully resisted should also be reported, so best practice can be shared.

It is possible to do something about corruption: the extent and impact can be reduced, even if it will continue to exist.

• Bribe = benefit offered/accepted to gain an advantage you are not entitled to. Corruption = abuse of entrusted power for private gain.
• Preparation: call the Port Agent, post anti-corruption notices, research the port, check documents.
• Communicate politely but firmly; refer to company policy — that is a successful rejection.
• The company can be liable for an agent's bribery. Paying to jump a queue = the official commits bribery.
• Duress = threat to physical security; safety first, payment allowed, must report.
• A resisted demand should still be reported. Corruption's extent and impact can be reduced.

1. Maritime Anti-Corruption Network (MACN) — anti-corruption guidance for the maritime industry.
2. UK Bribery Act 2010 (and equivalent anti-bribery law) — offences of bribery and facilitation payments.