3 min read
If someone asks you for a bribe, or offers you one: what to do
Asking for a bribe, or offering one, is an offence in most countries even if nothing is paid and nothing happens. Here is what to do, step by step, and why you should report it.
For:Crew and captainsCharter and sales brokersManagement companiesOwners and guestsSuppliers and vendors
Someone has asked you for a commission. Or a supplier has offered you "something for the boat". You said no, or you said nothing, or you are not sure what you said. You are wondering whether you have to do anything.
You do not have to do anything about the law. But you should. Here is why, and how.
The point most people miss
Asking for a bribe is a crime. Offering one is a crime. It does not matter whether it is paid, whether the order is placed, or whether you said no.
In most of the countries where yachts are supplied, including France, Italy, Spain, Germany, Belgium and the United Kingdom, the law punishes the request and the offer in their own right, and not only the payment. In Italy, even a refused offer or an unanswered request is a separate offence. See the law pages for how each country puts it.
So when someone asks you for a commission:
- The person who asked may already have committed an offence.
- If you accept, you commit one too.
- If you refuse, nothing has happened to you, but something has happened in your industry, and you may be the only person in a position to say so.
What to do
- Say no, calmly. You do not need to lecture. "I can't accept anything personally on an order. If there's a discount, it needs to go on the owner's invoice." For suppliers: "We don't pay commission. It's our policy."
- Do not agree to think about it. A vague answer is heard as a "maybe".
- Write it down, straight away. What was said or offered, by whom (role, company), when, where, and who else was there. Keep any message, email or note.
- Tell someone you trust: your captain, your manager, your compliance lead. If the person who asked is your captain or manager, tell someone above them, or tell an outside adviser.
- Report it. Through your company's channel, to an authority, or privately through us. You do not need proof. You need a reasonable belief and a record.
- Do not retaliate, and do not confront them. And do not warn them in a way that could let them destroy records.
"But I turned it down. Why report it?"
Because of what happens next. If you do not take it, the person behind you will. The person who asked has learned that asking works on somebody. A request that is never reported teaches everyone that nothing happens.
A report from you may be the missing piece. One refusal is an anecdote. Ten reports from ten people about the same arrangement is a pattern, and patterns are what get acted on. You do not have to be the one who stops it. You only have to be one of the people who do not keep quiet.
"I'm worried about my job"
That worry is real. It is why many people say nothing, and why it continues. A few things to know:
- You can report privately. You can use our portal and stay anonymous. You get a case key to read our reply without ever giving a name.
- Many countries protect people who report in good faith. The rules vary, and may depend on whether you are an employee, a freelancer or an agency worker. Ask us to introduce a lawyer who can tell you what applies to you before you do anything that could affect your position.
- Keeping your own records, safely, is the best protection you can have.
- Doing nothing is not risk-free either. If you have taken part, or knew, silence is worse than speaking.
If you are the supplier
You will be asked. The temptation is to agree because "everyone does". It does not make it legal. Decline with the script in the sales code, record the request in your register, and report patterns to us. Suppliers who refuse and say so publicly make it easier for everyone else. Consider the Vendor Promise.
If you have taken one
Stop. Do not make it worse by hiding it. Keep your records. Talk to a lawyer about your position before you talk to anyone else, and consider how and when to come forward. Many legal systems give credit to people who come forward early, but we cannot promise any outcome, and the rules vary by country. Ask us privately and we will help you find the right adviser.
General information, not legal advice. See the disclaimer.
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Report a concernGeneral information only. This is not legal advice: see the disclaimer.