Supplier declaration: no hidden payments (three-part form)

This one document replaces three. Part A is for a supplier to give its customers and brokers. Part B is for a company, such as a management company, brokerage or captain, to ask of its suppliers. Part C is for agents, brokers and introducers. Ask every approved supplier to complete it once a year. A supplier who will not sign has told you something.

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Part A. Supplier declaration to customers

Supplier: ____________ Company number: ____________ Country: ________ Date: ________

I, [name and position], am authorised to sign for the supplier named above, and confirm that:

1. No hidden benefits. We do not offer, promise or give any money, discount, gift, hospitality, trip or other benefit to any individual who places orders, chooses suppliers or approves spending on behalf of a yacht, owner, charterer, charter guest, broker or management company, in return for or in connection with an order, unless the person whose money is being spent has been told in writing and has agreed in advance.
2. Discounts are visible. Any discount, rebate or incentive we offer on an order is shown on the invoice to the customer and is not paid to an individual.
3. Commissions. Where we pay a commission to a broker or agent, it is written in a contract that the person whose money is being spent has seen and agreed, it is paid to the firm and not an individual, and we will tell you its amount or basis on request.
4. No secrecy. We do not ask anyone to keep an arrangement with us secret from the person whose money it is, from their employer, or from authorities. We do not accept non-disclosure terms that would prevent them from telling the person whose money it is.
5. Policy. We have a written anti-bribery policy, a copy of which is attached or available on request. Our staff are trained on it every year.
6. No hidden benefits to us. We do not ask for or accept any benefit from our own suppliers or customers in return for orders or decisions.
7. Requests. We decline requests for commission and record them. We will tell you promptly if any of the above ceases to be true.
8. Audit. We will answer reasonable questions about this declaration and show you relevant records.

Exceptions disclosed (write "none" if none):

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Signed: ____________ Name and position: ____________ Date: ________

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Part B. Declaration we ask of our suppliers

Use this where you are the customer, a management company, brokerage, captain or purser, wanting to know about your suppliers.

To: [supplier] From: [your company] Date: ________

Please confirm in writing, by return, that:

1. You have not offered or paid, and will not offer or pay, any benefit to anyone at [your company], or any yacht or person we act for, in connection with orders or decisions.
2. Any discount or credit applicable to our orders appears on the invoice and in our account.
3. You will tell us immediately if anyone at [your company] asks you for a payment, commission or benefit.
4. You hold a written anti-bribery policy and will send us a copy.
5. You will allow us to ask reasonable questions about your practices.

We have a policy of [declining any offer connected with an order] and [recording every offer in our register]. We would like to continue working with suppliers who share that approach.

Signed by supplier: ____________ Date: ________

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Part C. Declaration by agents, brokers and introducers

Name of agent / broker / introducer: ____________ Company number: ____________

I confirm that, in connection with all work I do with or for [Company name]:

1. I act in good faith for the client. Where I am acting for a client, I will tell the client in writing about every commission, fee or benefit I receive or expect from any supplier, and obtain the client's agreement before the client decides.
2. No secret payments. I will not accept, ask for, offer or give any payment, discount or benefit connected with a client's spending, other than as disclosed to and agreed by the client.
3. Paid openly. Any fee or commission payable to me is written in a contract, invoiced, and paid to my firm's account in its own name, in the country where I perform the services.
4. No sharing. I will not pay or share any fee with any person who is not named in the contract, and in particular not with any employee or agent of a customer.
5. Records. I keep accurate records and will let [Company name] inspect them on reasonable notice.
6. Policies and law. I have read [Company name]'s anti-bribery policy and will comply with it and with the law.
7. Reporting. I will tell [Company name] at once if I am asked to make or receive an improper payment.

Signed: ____________ Name and position: ____________ Date: ________

General information, not legal advice.