BUSINESS CODES OF CONDUCT

| 653

All of these preventive measures make a constructive and important contribution to combating corruption. There is one major weakness, however. Although adoption of codes of conduct is easy, integrity can be assured only if they are followed assiduously. Without effective monitoring, it means another set of rules will be broken with impunity, especially in developing countries that lack resources. Against this potentially gloomy backdrop, the UNCAC seems to have taken the right approach by requiring SPs to bring in other stakeholders, such as citizens, community-based organisations, non-governmental organisations and activists within the preventive measures. The UN sees a greater role for the public in the decision-making processes within a state and for the state to put in place measures for greater access to information. It even goes as far as indicating that the detrimental effects of corruption and non-tolerance of corruption should be part of the school and university curricula.102 Once again, it is possible to criticise this as nothing more than an expression of ideals since many of the countries that have ratified the UNCAC suffer from high rates of illiteracy and, in countries that lack a democratic structure, it is unlikely that they will adopt the trappings of democracy, such as access to information and citizen participation in decision-making. A nihilistic picture can be painted of any convention. However, what has to be kept in mind is that it will take time to introduce changes, and by no means is the UNCAC meant to be a quick-fix solution to a problem that has plagued humanity for centuries.

Business codes of conduct

It must be reiterated that, although the anti-corruption conventions would bring about much needed harmonisation provided they are implemented, it does not follow that they will be effective in combating corruption since the laws will need to be enforced. Enforcement deficit is likely to be a major hindrance to lowering the incidence of corruption. One way to give further weight to the fight against corruption, at least in the business context, is for businesses to adopt codes of conduct in respect of corruption – for instance, in relation to payment/acceptance of bribes. The International Chamber of Commerce (ICC) Rules of Conduct to Combat Extortion and Bribery (RCCEB) may provide a framework. It adopted these Rules in 1977 in response to the scandals that erupted in the mid-1970s and the US Security Exchange Commission survey, mentioned in the Introduction. The RCCEB was amended further in 2005 and more recently in 2011.103 The Rules promote good commercial practice and have no direct legal effect. It is intended to be a method of selfregulation by business against the legal backdrop of national anti-corruption laws. It promotes the prohibition of bribery and extortion, be it direct or indirect or through the use of agents or other intermediaries. The phrase ‘agents and intermediaries’ is construed widely to include sales agents, customs agents, lawyers and consultants. The distinction drawn between bribery and facilitation payments by the OECD Convention leaves room for facilitation payments to be used as a conduit by businesses for illicit purposes.The RCCEB takes a robust approach by requiring businesses to refrain from making such payments, unless a managerial review indicates that they cannot be eliminated totally. In this event, businesses are expected to ensure that it is limited to small payments to low level officials for routine actions. Businesses engaging in charitable contributions and sponsorships are expected to behave responsibly and not use them as a means of disguising bribery. As part of this responsibility, they must act in accordance with national laws and make public disclosures where required. There is also the expectation that businesses will adopt codes of conduct that are

102Art 13.

103Text available at http://www.iccwbo.org/uploadedFiles/ICC/policy/business_in_society/Statements/ICC_Rules_on_ Combating_Corruption_2011edition.pdf.

654 |

FIGHTING CORRUPTION IN INTERNATIONAL BUSINESS

also applicable to controlled subsidiaries (foreign and domestic) that provide guidance and training in identifying and avoiding bribery or extortion, include protection from retaliation to those wishing to seek advice or make reports of corrupt activities and disciplinary procedures to sanction misconduct.The RCCEB also address aspects of accounting and auditing and impose duties on those with ultimate responsibility for the business (e.g., directors) to ensure that the Rules of Conduct are complied with and to sanction violations and take corrective actions. Appropriate public disclosure of the enforcement of business anti-corruption policies or codes is also expected. The ICC has also published Fighting Corruption: Corporate Practices Manual, which is a practical toolkit providing guidance on how to comply with the Rules of Conduct.

Through its Guidelines for Multinational Enterprises (Guidelines),104 the OECD also promotes all aspects of business ethics, including measures against corruption. These Guidelines arguably carry more weight than the ICC Rules, since governments that adhere to them have a National Contact Point (NCP), which maintains a link with businesses, employees and civil society organisations (CSOs). There are no available statistics to establish the effectiveness of NCPs, but there are accounts of responses to reported instances of bribery and corruption by NCPs that have resulted in behaviour change.105 A downside of these Guidelines is their limited impact, in that many of the emerging economies do not adhere to the Guidelines. Against this background, the United Nations Global Compact (UNGC) has wider geographical reach and provides a platform for companies to commit themselves to social and ethical principles. Its tenth principle requires companies to commit themselves to work against corruption, whatever its form. It has been launched in a number of states (e.g., Nigeria, Ghana, South Africa), and it seems that there are a number of collaborative projects between companies and CSOs.106

TI has also developed codes of conduct in partnership with other stakeholders, including multinational companies. The Business Principles for Countering Bribery (BPCB) were adopted in 2002 and followed by a special edition devoted to small and medium enterprises in 2008. Like the RCCEB, the BPCB’s aim is that businesses will adopt values and practices to counter bribery and other manifestations of corruption. There are also global initiatives for fostering ethical business ‘The Partnership against Corruption Principles on Countering Bribery’ from the World Global Forum and the UN Global Compact, which, in its Tenth Principle, states that ‘businesses should work against corruption in all its forms, including extortion and bribery’.

Conclusion

The reception of the OECD Convention and the near global adoption of the UNCAC are clear signs that the international community of policy-makers and lawmakers recognise the negative socioeconomic impact of corruption and the need to find a solution. This recognition is important, but a solution through legal regulation of itself is insufficient to achieve the objective of lowering corrupt practices, thus making a noticeable impact on poverty globally. Legal regulation is always prone to enforcement deficit for a number of reasons, ranging from lack of investigative expertise and mutual co-operation to political apathy.Without the political will of SPs, the willingness of civil

104Text available at http://www.oecd.org.

105For a list of cases, visit www.oecdwatch.org (an international network of CSOs that promote corporate accountability and responsibility).

106Further information on the progress made by these networks and a list of participants, which include small and medium sized enterprises and large enterprises, are available at www.unglobalcompact.org. See The Global Compact Regional Learning Forum ‘Creating a Culture Intolerant of Fraud and Corruption in Total South Africa (PTY Ltd)’ in Businesses Fighting Corruption: Experiences from Africa 2007 UNGC available at http://www.unglobalcompact.org/docs/news_events/8.1/bfc_web.pdf.

FURTHER READING

| 655

society and the business community to take ownership of the problem and making part of their corporate social responsibility agenda, the conventions will remain just an interesting attempt to promote a global solution to a global problem.

Further reading

Nicholls, Daniel, Bacarese and Hatchard, Corruption and the Misuse of Public Office, 2011, 2nd ed. OUP.

Rose-Ackerman, Corruption: A Study in Political Economy, 1978, Academic Press.

This page intentionally left bank

658 |

APPENDIX 1: GENCON (AS REVISED 1922 AND 1976)

PART II

"Gencan" Charter (As Revised 1922 and 1976)

Including

"F.I.O." Alternative, etc.

1.

It Is agreed betw••n the party mentioned

In Box. 3 u

Owners 01 the

1

I.

LleltLlalt Clau. ..

105

steam... or motor-vessel named in Box 5, of th. gross/nett Register

2

Owners shall have a IItnlitn on thltha C:l1goc:.,go for freight,frlight, duddlad--freightfrlight,. 106'06

tons Indicated in

Box e and

carrying

about

the

number

of

tona

0'

3

demurrage and damages for detention.

Charter.rs shall remain ,re...-- 107

:~~d::~~!e~·r~~J;.~:

l~nadBo~~.~~~,~n

t::A~~n

18

~a~O~n~

4

sponslblesponsible for

dead.frelght

and

demurrage (Including

damagetdamsget for 108

.::1 ::

•

detention), Incurred .at port ofor load Ina. Charterers." shan also remain 109

dicated in Box 9, and the party

5

mantioned ... Charterers in Box 4 8

ruponslbleresponsible lor freight and demurrage (lnetudfng(lnetudlng damages for

deten-1tO

that:

7

tlon) Incurred

at

port of discharge,dlscharg but only

to

luch .extent .. the 111

~"a::'~o

v:-: ~~:~'

t~~~~~:da;Os~:·

n:::~:f~':O~t

O~n~'~f:

~~!~~

8

Owners

"ave been

Llnable to

obtain payment thereof by exerclalng

,,2

9

the lien on the cargo.

113

anoat. and thor. load a tull and complete c:argo (i? ,hlpmlnt of d.coll;

10

Bill, o. lading

eargo agreed sarna

to

be al Charterera' risk) as statld in Box. 12

11

t.

(Charterara to provide all mats and/or wood tor dunnage and any

12

freight as

1 t 4

separaUons f'8QlIlred. the Owners allowing the use of any dunnage

13

The Captain

to

sign BiIll

of

LadinG

61

.Uch

rate

of

11 S

wood on board if

required) which the Charterers

bind themsely.. to

I.

fr~~~~~t~

;I~~O~\

r~~~dIC:m~unihl~o

?!~rt:h:~"he

bl~tt.~h:~~~e:~

~ 1~

ship,. and being so loaded the yessel shaU proceed to

the discharg-

15

Ing

port

or place

stated In Box

11

aa ordered.red

on

sl'1nln9slgnln9

BlUt

of

16

freight lhe difference to g.

paid to the

Captain

In cash

on signing 1 t if

;~~~~anOJ

t~~r~"d;II~~r;,t:

::rg~h~n

~~n:a~~~

?r~tfg~~do~lde~~':~i~

17

ellis of Lading.

1 t9

18

or Intaken quantity as Indicated

in 80x

13

at

the

rate

stated

in

19

Box 13.

20

lD. Cancelling Clau..

120

Should the vessel not be ready to load (whelher In berth

e:tr nol)not) on 121

2.

Owners' R.sponslbllity Clau..

21

or before Ihe date indicatedindlc.

Inin

Box 19,.

Chart,rCharterer. . have Ihe

option' 22

of cancelling this contract, such option 10to be declared, if

demanded,

12.3

Owners

ar. to be

r..ponslble

tor lou at

or

damage to

the goods

22.

,t least 48 hour. before ves,ertves,el"l expected .rrlyal at port of loadIngloading. 124

~~

~o;I~o;la~el~i~e~~I~~'Js:~.

~

t~:o~~p~~bY.:no~'i:e:no~'i::;I\~~~i~~o::;eagoi

I\~~~i~~o::;eagoi

~!

Should the vessel be delayed on account of ayerag. or otherwls.,

125

Chartere" to be informed as

loon as pOssible, and if. thetha y....1 ia. 126

the goods (unless stowage performed by ,hlppers/Charterers'hlpp.r'~h.rterers

Of thefr

25

delayed

'or

more than 10 days after the day she fs slated to be 127

sleyedoressleyedore, or seNanlals8rYanla~

or by personal want or due dtligence on the

26

eXpected ready to load, Chart.rers hive the option 01at cancellingcancailing this 128

part

of the Owner. or their Manager to make Ihe vessel In all respeets

27

contract. unless a

cancelling date nashas been agreed upon.

129

seaworthy and to secure that she is properly manned, equipped and

28

:~w~~~:

~n~n~~·s:~~r:i~h~:~~~ersl~~:~~I~h~::~:~~

1~~~lp~~'!e:r::

~~

SUpplied or by Ihe personal act

or delault 01of the Owners or their

29

~~;a:t..,.

Owners .re responsible

tor

no

loss or damage or delay

~~

11.

Ganeral.n.r.1

Avenlge

to

be settled

according to

YOrk·Antwerp-

130

arising from any other causcaUSe. whatsoever, eYen from the n:Slectneglect or

32

General

ayerage

Rules,Aules, 131

~~~n:~~p~~~~r~f

O:a~-:g~aJ~

g::n thn~~~9r~:e:ht~~~~h.

t~~g~:~:r:~

~ ~~

default of the Captain or creW or soma other person employed by the

33

OWners on boa,d or uhore for whose IICts they WOUld, but for this

34

defaultdetault of the Owners' servants (see clause 2).

134

~~~~~

O!~h~o~~:r~~n

~~g::~o~r

!~~s~

o~~:

~~O'::o~r!.l~~~

f:l t~~

g~

clause, be responsible, or from unse.e..worthines... of the '1esael on

35

loading or commencementcemmencement of the voyage or at any time whatsoeY,r. .

38

Damage caused by contact with Oror leakage, smell or evaporation

37

12.

Indemnity

135

from otherotner good, or by the Inflammable or explosIve nature o( In-

38

sufficient package of01 other goods not to

be

considered

as

caused

39

Indemnity lor non·j)erforn1ance of thll Charterparty, proved damages,. 136

by improper or negligent stowage,. even if

in

fact so

caused.

40

not exceeding estimatedeslimated amount of freIghtfreight.

1'37

3.

D..,latlon,lallon CiaulClau..

41

13.

AganeyAgeney

138

The YessalYessel has liberty to call at

any pori or ports In any order, lor

42

In evefY case the Owners sttall aCipolnta(:lpolnt his own Broker or Agent both. 139

'any p.tlrpos., to sail without pilots,

to

tow and/or assfst

vUlelsvusels

Inin

43

at thfl. port 0'of loading and the port 01ot discharge.

140'40

allaU Situations, and also to deviate for the purpose 01of saving life and/

44

or p/opproperty. .

4S

14.

BrokeragaSrokerage

141

4.

Paymenl.nl ot Freight

46

A brokerage

commluloncommissIon at

the

rate stated

Inin

Box 20 on the

freight 142

earned-

Is due to tl'\ethe party mentioned in Box 20.

143

The

freight to be paidpaiCi

in the

manner

prescribed

in

Box80x

14

In cash

47

In case~ase of non-execution at least 1/ 1 of the b/okeragebrokerage on the esUmatedestimated 144

without discount on delivery of the ca,go at mean rate of exehangeexchange

48

amount 01of freight and dead-freight to be paid by Ihethe Owners to the 145

ruling On day or days of payment, tn.

receivers 01of tn. cargo being

49

Brokers

as indemnily for the talter',tatter's expen'esexpenles

and work. In case of 146

bound to pay freight

on

account during delivery. itif required

by Cap-

50

moremora voyages the amount 01

IndemnifyIndemnity to be mutuallymulually agreocla9reod.

147

taital n or Owner,Owners.

51

Cuh for yassel'syessel's ordinary dldl$$burbursements$ements at port of loading to be

52

advanced by Charterers if required at highest current rale of ex·

53

15.

GENERAL STRIKE CLAUSE

148

change,. subject to two per cent. to cover insurance and otherolher ex-

54

Neither Charterers nor Owners shall be responsible for Ihethe con149

penses.

55

sequences of any strikestri~el . or lock·outs preventing or delaying the 150

fulfilment of any obligations under this contract.

1 S1

S.

Laadlng/DIKherglng.

COtt.

56

II

there

is a

strike

or lock-out

aHe<:tlng

the

loading

of Ihe

cargo, 152

or any part of ii,it, when vessel

is ready to proceedprocead

from her last portporI 153S3

*~~eG~https://studfile.net/r~mge.

broughtbroughl 810ng~idealOnQ~ide

injn such a manner as to enable

~~

or

at any time duringdU(lng the yoyage to the

port or ports

aof. loading or , S4

after her arrival there,. Captain or Owners may alk.k Cnarterers to 155

vessel to take the goods withwitn her own tackle. Charterer.rs. to procure.

59

declare, that they agree to reckon the laydays as if there were no 156S6

and pay the necessary men on shore or on board the lighters 10 do

80

strike or lock-out. Unless CharterersCharterer9 have given such declarationdectaration in

157

the work there,. vessel only tleaving the catgo on board.

61

writing

(by te~egtam.te~egram

ilif ntc:euary) within

24

nou,s.hOUft

Owners

shall 158

IfIt

the loading takes place by elevator, cargo 10 be

put treefree

In vessel's.

81

~:~

t~oa.d:Ji,O~:~e~:n~It~~;~r~~:~o,!!j:\!~~~r:f;'~t~.O~:~e~:n~It~~;~r~~:~o,!!j:'s!~~~r:f;'~t~

~:II~[:a~~~:II~[:·~~

~ ~~

holds, OwnersQwnel1l only paying trimming expensHexpenses.

63

Any pie.... and lor

packages 01of cargo oyer two Ions weight. shall be

64

loaded

quantity only) having liberty to complete

withwiln

other

cargo 161

loaded. stowed and dlSGhorged by Charterers at Iheir risk and expense.

65

on the way tor their own account.

162

The cargo 10 be receiyedreceiYed by Merchants alat their risk and expense

66

"

there

is IIa strike or 10(;k~oUI10ck~oUI

affecllngaffecUng thetha discharge

of Inethe

cargo 163

alongside

the vasselvessel not beyond the reach of her lackle.

67

on or after yesse!"syessel's arrival al or off port

of

discharge and same has 164

"~~eF~~~Q:~~~~e:esg::~:h~~~t~~g. ..

not been settled within 48 hour., RecelvlrsAecelvers shall have the option of

165

holds, loaded. stowed andlor trlm-

::

klteping

....ssel

waiting until such strike or lockloek-out Is at an end

186

med and taken from the holds and discharged by Ihe Charterers or

70

agaInst

paying

halfhall demurrage

afteraftar expIrationexpiration

01of

the time provided 167

for discharging. or of ordering the vesselvHsel to a saleaale port where Iheshe 168

thair.ir Agents, free ao.

any risk, liability

and expense whalsoever to the

71

Owners.

72

can satetysately discharge without rili(ri,i(

0'of being det.ined by ,trikestrike or lock· 169

The Owners shall provide winches,. moUv...e. power and winchmen from

73

~~~e

S~~~Of~~r~c!O

t~e

~~!~~r~~~hlgf

~h~o~r~k~t~r~h~o~r~k~t~,

~~~~~~nu~raW:.~r;~

~

~~

the

Crew

Iftl requested and permitted: jf not. thetn. CharterCnarter.rs shall

74

provide and pay for winehmen from shorashore and/or cranes. If any. (Tbls

15

~~eth4~s~~!~:rp~~yd:~~e:;,

~~et~~IIC~g~a~:n~u~~arloZpp~~1~~al~~IIC~g~e~:"~u~~arloZpp~~1

i:J~i!~o:e~

~

n

proviSion

shall not apply if vessel

Is gearless and stated as such

In

76

_ m

n

shall rtceive. the same freight as if she

hadtlad discharged at Ihethe 174

(ltj(Bj or fbi. as agreed,Bgreed, in Bot 15.

original port of destination, except that

if

the distance 01 Ihethe sub4 175

·/ndleafe alternativea/t.

78

stituted port exceeds 100 nalJtical mile.a,. the freight on the cargo 176

delivered ...t the sl,Ibstituted port to be Inc;reasedIncreased in proportion,

177

I.

LaytlmaLaytlme

79

• (a)

Separate Ilay.ytime for loading and discharging

80

11.

War RiskRI.ks. C"Voywer 1950")

178

TheTne cargo sl'\allshall be loaded within the number 0'of running hours as

81

Cl}Ct} In these clauses

-War Risks" shall Include'nclude any blockade or any 179

indicated in Bo)( 15,16, weather permitting,. Sundays and hoHdays eX-

8182

action whichwhlcn is announced.as a blockade by any Government or by any 180

cepted. unless used,. Inin which event time actually used shall count.

:!83

belligerent or by any organfzed body, sabotagasabotage,. piracyj)itacy. and.nd any actual 181

!:~nd~~~~ed~~"e:=

1~I,S~h:;t~:~1~I,S~h:;I~:~

~;~lttl~~

s~~::;sS~~::;s

~n~~~:~a:so~~~

or threatened war, hostilities,. warlike operations, civil war, eivil-civil com182

::85

motion,. or revoll.llion.

183

cepted, unless used, Inin which event time actually used shall count.

86

(2)

II at any time beforebelore the Vessel.el commences loading, It appears. that 184

• (b)

Tot.'I~yrll'l'l''I~yrll'l'le

for loading.dlng and di$chllrging

87

performance 01 the contraclcontraci will subjectsubJect lhethe Vessel or her Master and 185

TI1The.

cargo shall be loaded and discharged within the number of total

88

crew or her cargo to war risksrtsks

at any stage of the adventure, tP'latP'le Owners'186

running hours as IndicatedIndlcatad in Box 16, weatherwealher permitting,permittin9, Sundays and

89

ahallshall be entitled by letter or telegram despatched to the Charterers. to 187

holidays excepted. unless used,. in which event time !lctuBctu.lly used

90

<;ancelcancel this Charter.

188

shall count.

91

(3)

TnThEIl. Muter

shall

notnol be

required to

load

cargo or to

continue 189

(c) Commencement 01 lay rime {Ioad;ng and discharging)

91

~o:c;;~rc~rot~

!:;cp·oe:::~

:hl~t,

i~g:p~~~~~

~~a';-~i;~~~~:ty,,:~v~~~~~~~i;~~~~:tYh:~v~~~~~~

~:~

Laytime for loading and dlschar~ing

shflU

commence

etat

1

p,m. .

if

93~~

~~~11

~~tr~:d~r::~

~~r~~~e~Jt~~r~o~~~~'ft:~dn~~:

~~tic~e~\

r~~~i~~

95~:

:~.d

eC;:~i~;

~;rt~:r~~s~~~I:t~;rt~:r~~s~~~1

g,eh~~~I:h~e~n~oe;W~hl;lc~:u~~

~~~:~~r;:~~"re~~r;:

~:

~~~

¥?~te

t~c~~aYII;eu~!~

~;o~~i~~~~~~:~e~~

:f~~rime

~1

full cargo has been.

loaded, thathe Master shallshell be at liberty either to 194

shall count.

discharge such cargo at the

loading port or to proceed

tllarewiththerewith. 195

Time lost in waitIngwaiting lortor berth to

count as loading e-r

dischargIng

98

In the latter case the Vessel shall haye liberty to

carry otherotl1.'

cargo 196

time,

as

the case may be.

.

99

for Owners' benefit and accordingly to

proceed

to

and

load or 197

-Indicate alt,rnslivtl (a) or (b) as: agrfllltdag(fI~,

. In Box 16.

100

discharge such other cargo at any other ",,,rt or ports whalsoeyer,whalsoeYer, 198

g~~~:r~~eoro~~i~:;;S~o'~::~~~ht~~g~~~:r~~eoro~~i~:;;S~o·~::~~~ht~~

ae;~~~ra07

f~~ec~~;t;~

~I~1..~~ltn~f

f;

~~

Demurrage

101

proceed

with

part

cargo under this Clause

freight.lght

shall

Intn

any caee 201

be payable on the QuanlityQuantity deliyered.

202

Tett

running days

on

demurrage at Ihe·the· rate

staled

in

Box

18 per 102

(4) If at thettle time the M(lster elects to proceed with part.rt or full cargocar90 203

:~~w~P~~r~~r:n~ral~~~er;~

~:

:O:;:YOfPI~~~~~~:o:;:YotPI~~~~~~

~~~

~s~~Jrgf~g~e~1~~Jrgf~g~e

~g~

under Clause

3.

or after the Vessel has left

Ihe loading

port. or the 204

APPENDIX 1: GENCON (AS REVISED 1922 AND 1976)

| 659

PART II

"Gencon" Charter (As Revised 1922 and 1976)

Including MF.I.O." Alternative, etc,

last ot In, loading portl, If mort lh,n ant, It .pp..... tnlt furth"205
parform.n,:, of the contl.ct will		.ubJect Ih, V••••I.		har Ma.ter and 201
crew Of hltt c.rgo, to wa, risks,		the car~o	.hall be cUscharged,		or if 207
~tdl~C~~j~ityh:,	~np:rimg;eg~~~:r~~		I~ ',:::t~t:~d.~~	a n:v	s~: ~g;

Chart".". It no ,such orders shall be r.ceived from tn. cnlrtlters210 within ')0) hours Itt,r the OWners have despatC:hH I request by 211 ttlegram, to Iht CtJ.rt,rtr. for th' nomination of . ,ubstltull dlacnlfg- 212

~~~ ::f~'p~hri	~~:rlsh.Syh~~y~i"			·ih!ii~ed1!C~:li~~~c~:~1:.				t:~	::Jg:uc'~	~~!
di.c h.rgt ,hall be deemed			to	ba	due fulfilment		of I", contract or 215
affreightment. In tht		Iyent	of	car~o	being	discharged		at	any	suc h 218

Olh'r port. the Owners shall be Intltled to treiSint IS if thl dlschargl 217
hAd be,n I tteclad		at the	port or ports named In the 8i11ls} 0' Lading 218
or	10 ."hicn the Ves.el may havi been ordered p"r~ulnt					thlreto .	219
(5) (a) The Veull .hall			h..... Ilblrty 10 comply wit"			any dilletlan, 220
or Ilcomm."dsUOM .. to 1000lng,				departure,	arr iva l.	lOlJtll, ports 221
~~	~~! . !~~~.~:.	=t~t	~~~:Udi:v	t lr:,;y	di:~:~~~	~~li~:C1,':~	~~§

mendatlon not to vo to thl port of destina1lon or to dll.y procHding 224
tha relo or 10 procMd 10 some olh., port' g iven by any					Governmlnt or 225
by any billigerint or by Iny organized body anga~t4					In civil war . 226
hostilities 0'		warllkl o.,..,a!lon. or by any p.rson 0( body acllng Of 227
plJfpcnlng	to	aet .. or with n,., author ity	of	Iny Govln"'''I''t 0,		228
bllligifant	or of any lOch organiza" body		or	by any	comm ltt.. or	229

pelson naying under the tarms 0' the war ri sk, insurance				on the 230
Vasse!. thl right to	gi.,t Iny s"eh d i rec;tlons or ricommtndations . If,231
by ,.a.on of or In	compliance	with	any such dir.ction or	recom232
m.nd.tion. anything ia don. or ls		not	doni, such 'hall not b. d.emed Zl3
.. d.y iatlon.				234

(0) If. by r.ason of or in complianci with any ,ucP'! dlrtetlons or r.- 235

commendations. the V...., dOl.

nol procI.d

to

th. port

or

ports 238

namld

In 11'1. BIII(s) of L.din~

or to

which

she

·may hava

bl.n 231

~i~::t~~

~~~~~~~::~:~

!~·to

:~~tlsa'r:Ypt~O~~~~h

t~h:n~W~:~

1~ ~~:

thlir di,clttion may decide on tnd there discharge tha cargo. SUCh 240

discharge thall be

deemed to

ba dut fulfilment 0' the contract

01241

aUratghlment

and

the Own.rs shan

be InUtted

to 'relght

al

If 2-42

diSCharge had

ban effected at

the

port 01'" porta named In the BUlls) Z-4]

01 lading or to which th. V..sel

may

have

been

o/deted

PIJ"'uan1244

thef.to .

245

j ~~ ~(!r~~':,'t~~::i~~c~~:nir

ji~'~;~~~1n~0:~~:~~~~~~1n~n

~

I:e:..::~

~:;

at InV port .. proyidtd in Claut.... and !i Ib) hereof u.llt bl

Jlaid 248

bY tht Charttrt(s andlor cergo

owners. and

the Owne" shall

haY12-49

.. li en

on 11'1. cargo

10, all mon..,.

dUI unde,

theM

Claus.s .

250

17. GENERAL Ice CLAUU		251
Port 01 loading	°rl~:.~:~~gp~!.~el~g~n~~~-:~I:ot;r	252
f~~ ~~:~ ::~!I		:r-:rn.:; ~~~

tlml during till voyage or on v....I·. arrival 0' In c... froat ..t. in 255

~::~y~s~~!:r~t~'o~~'e;';~~'I:n~o~h~:aC~!rt~~I~tl~lob~n				~~IIIa.n~	~:;
void.					258
:]e~.d~rl::YII:	••~~nyo	t~:a;:'P~:I,:;~oln=~~	~~ V3~s:~	::W:gw~~tZ~~r~':;	~~

h. has on board and to proc••d to any othlr port or port, With 261 option 01 compleUng cargo for OWn.,.." benlfit for any port or paru 2e2

~;!':.~gt!O~		O:o~~~:f·io	A~~J~~II~~g~t		t,=.~~~~=	~~~	~U
~~::~	~~:':ctnt	t:f t~~e	l ~::li~~~~d~;t.,~~~t		:'fng,~~ald	1:ln::"I:; ~::
dellYered (in p..-c:lportlon II IlJmpaum).				III	other conditio". .. per 287
Chlrttr.							288
ee} In c... ct		mo ... than OM load ing		port, and " one or more ol2t19
th'	port1 arl CIOfId by		ICI . the Capl.ln or		OWnert to	be- at liberty	270

lithtr to loed the plrt clroo at thl open port Ind 'illup elaewMfl271

for

lhelr own .ccount

as undar section (bl or

10 decla't

thl Charter 272

null

and void unl,.. Chartlre,..

Igr" to load

full

cargo at

th. open 273

~~

m

(d) Ttlit leI C.au.e not to tpply in the Spring.

275

Port 01 di~ch.rgl

278

~~rIS~~~~sd~:rJ:X~:~I~~r!h:Pt:I~(~nsgJa

~~':~~'i~~1

::~n~I~~~~".'

~~;

~ri~~J'lr~~;II~I·

!:.~:rtl~g.

O~a~:Vi::JIOI':n~~~i:ili~ga::=~r~~:apo~

of

~~~

whirl shl

can

ufely

dl,ehar~1

withOut risk

dettntlon

bV ic•. 281

Such

orders to

be

glvln wUh,n 48 hOurs after Captain or

Owne,.. 282

"ave

given

notice to

Charterers

of the Impossibility of r••chlng port 283

01 d..Unatlon.

m:: of t~esdS:II~I~Ht1fr~~~

28-4

f~)

J~d,::~I~~

:~~~::~~nro

tr:.~~p~~",,~

~:g

cargo he h.. on board anCi to

procled to ~I

nl . r"'

acc",lbte Z87

port

wherl

,he

can .alely ellscharge .

of

ZI8

Ie) On dlllviry 01 the

c.rgo at such pon, all

cond iUons

the

Bill 289

of

lading;

shall

apply

Ind \'fl ••1 shall recl iv,

the same

'rei;ht

as 290

:~:h:'~~c~~~~~ec:IJ·t!t~~t~t~~g~"o~~

"::~.:'d:~~n~t!~~

ie:~c:t~~atlt.!:

~:i

freight on In. cargo dllivered at thl slJbttllulld

pori to bl incre"ed 293

in proport ion.

29-4

Acknowledgment: the author and publisher thank the Baltic and International Maritime Council (BIMCO) for permission to reproduce ‘GENCON’ Charter (as revised 1922 and 1976).

This page intentionally left bank