NCNDA
NCNDA
NCNDA
C 400/500/600)
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING AGREEMENT (NCNDA)
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
Contract Code :
Seller’s Code :
Buyer’s Code :
Type of deal : SPOT
Product : Icumsa 45
Product Origin : Brazil
Contract Quantity :
Price:
Contract Period :
Delivery Terms :
Seller’s Name :
Seller’s side Representative :
Buyer’s Name :
Non-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 1 of 21
WHEREAS the undersigned wish to enter into this We the undersigned herewith referred as the Buyer,
Agreement to define certain parameters of the future legal under penalty of perjury do hereby irrevocably confirm
and irrevocably accept to pay all intermediaries and fee
obligations, are bound by a duty of Confidentiality with
holders at the same time and in a manner as the seller is
respect to their sources and contacts. This duty is in being paid for each and every transaction of this contract
accordance with the International Chamber of Commerce. up to the completion of the contract plus rollovers and
extensions and in accordance with the bank details to be
specified in this contract.
WHEREAS the undersigned desire to enter a working
business relationship to the mutual and common benefit of We, the BUYER, irrevocably confirm that we will order
and direct our bank to endorse automatic payment
the parties hereto, including their affiliates, subsidiaries,
orders to the beneficiaries named below; furthermore,
stockholders, partners, co-ventures, trading partners, and We, the BUYER, confirm that all pay orders shall
other associated organizations (hereinafter referred to as automatically transfer funds as directed into each
“Affiliates”). beneficiaries designated bank account within 1 (one)
day after the date of closing and completion of each and
every shipment of the product provided that the buyer
NOW THEREFORE in consideration of the mutual promises, has received payment on any credit purchases during
assertions and covenants herein and other good and the contract term plus any/or extensions and rollover of
the specified contract. For the purpose of clarity, we
valuable considerations, the receipts of which is
confirm that the closing and completion of each and
acknowledged hereby, the parties hereby agree as follows: every shipment shall be deemed to take place when the
letter of credit issued by the buyer has been drawn down
at the counters of the issuing bank.
1. TERMS AND CONDITIONS
A. The parties will not in any manner solicit, nor We, the BUYER, agree to provide all beneficiaries with
accept any business in any manner from sources written evidence of the pay orders lodged with our bank
together with acknowledgements of their acceptance.
or their affiliates, which sources were made
Furthermore, our bank shall be instructed to provide duly
available through this agreement, without the signed and stamped acknowledgement of this instruction
express permission of the party who made as set out in the annex. Forming part of this agreement.
available the source and, It is understood that for the purposes of this Master Fee
Protection Agreement, our bank shall be the same bank
B. The parties will maintain complete confidentiality and this IMFPA acts as an integral part of it.
regarding each other’s business sources and/or
their Affiliates and will disclose such business We the undersigned being BUYER or the seller named
legally authorized representative as stated within the
sources only to the named parties pursuant to the
signed and legally binding main transaction, contract
express written permission of this party who made unconditionally agree and undertake to approve and
available the source, and, originate all payments in USD currency to all
beneficiaries named below as their rightful and payable
C. That parties are desirous of entering into a mutual
commissions. This agreement also acts as a record
beneficial agreement and to the best of their confirming the commission amounts for each named
abilities will assure the other that all transaction beneficiary as set out below.
codes established will not be affected.
TOTAL COMMISSION SHALL BE PAID BY THE
D. That they will not disclose names, addresses, e- SELLERAS FOLLOWS:-
mail address, telephone and tele-fax or telex The amount of delivered refinery should be settled as
numbers to any contacts by either party to third herein stated to be transferred into the account as
follows:
parties other than business partners related to this
agreement and that they each recognize such TERM & CONDITIONS:
contacts as the exclusive property of the This master fee protection agreement covers the initial
contract and shall include any renewals, extensions,
respective parties.
rollovers, additions or any new or transfer contract any
E. Both parties agree that they will not enter into any how originated from this transaction because of the
direct negotiations or transactions with such above intermediaries or changing codes of the initial
contract entered into between the BUYER and SELLER.
contacts revealed by the other party - date and
time stamps will be used to establish origin and This master fee protection agreement and any
time of such information as such information could subsequently issued pay orders shall be assignable,
transferable and divisible and shall not be amended
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 2 of 21
already be in the hands of the other party without the express written and notarized consent of the
F. For the sake of this agreement, it does not matter receiving beneficiary. All parties agree neither to
circumvent nor to attempt circumvent either for the
whether information is obtained from a natural or a
transaction of this current contract or in the future for a
legal person. period of three (3) years from the date of the execution of
G. In the event of circumvention of this Agreement by this fee protection agreement. This document binds all
parties, their employees, associates, transferees and
either party, directly or indirectly, the circumvented
assignees or designees.
party shall be entitled to a legal monetary penalty
equal to the maximum service it should realize All faxed and/or e-mailed signatures shall be considered
as original signatures for the purpose of binding all
from such a transaction plus any and all expenses,
parties to this agreement. This document may be signed
including but not limited to all legal costs and & in any number of counterparts all of which shall be
expenses incurred to recover the lost revenue. taken together and shall constitute as being one & the
Paragraphs D and E shall apply to establish same instrument.
Any party may enter into this document and the
circumvention. agreement constituted thereby by signing any
H. All considerations, benefits, bonuses, participation counterpart any time, date or period mentioned in any
fees and/or commissions received as a result of provision of this document shall only be amended by
agreement in writing and signed off by all parties
the contributions of the parties in the Agreement,
concerned.
relating to any and all transactions will be allocated
as mutually agreed. Furthermore, we agree that any and all commissions due
shall be paid to the beneficiary as a result of any
I. This Agreement is valid on all transactions
extension or rolls of the contract and that we shall effect
between the parties herein and shall be governed all necessary documentation with our bank without any
by the enforceable law in All Commonwealth undue delays to ensure such commissions and paid
within the terms of the agreement.
Countries, European Union Countries,
USA Courts, or under Swiss Law in Zurich, in the PARTIAL INVALIDITY:
event of dispute, the arbitration laws of the Country The illegality, invalidity and non-enforceable provision of
under which jurisdiction the contract is signed, will this document under the laws of any jurisdiction shall not
affect its illegality, validity or enforceability under the law
apply. of any other jurisdiction or provision.
J. The signing parties hereby accept such selected
jurisdiction as the exclusive venue. The duration GOVERNING LAW AND JURISDICTION:
This document shall be governed & construed in
of the Agreement shall perpetuate for three (3)
accordance with current English or I.C.C 400/500/600
years from last date of signing with a possible signed between partners NCND laws.
renegotiation of a new term.
ARBITRATION:
All parties agree to refer any disputes between the
2. AGREEMENT TO TERMS parties arising out of or in connection with this agreement
A. Signatures to this Agreement received by the way including any questions regarding its existence, validity
or termination to arbitration rules of the international
of Facsimile, Mail and/or E-mail shall be deemed
arbitration centre (I.A.C). The appointed arbitrator shall
an executable contract. Agreement enforceable hold the proceedings in any country chosen by the
and admissible for all purposes as may be parties and the rules of the IAC shall apply.
necessary under the terms of the Agreement. This document is signed and accepted by parties named
below as to be included in the main contract.
B. All signatories hereto acknowledge that they have
read the foregoing Agreement and by their initials
and signature that they have full and complete
authority to execute the document for and on
behalf of the party for which they have given their
signature.
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 3 of 21
“Accepted and agreed without change (Electronic signature is valid and accepted as hand signature)”
EDT ( ELECTRONIC DOCUMENT TRANSMISSIONS)
EDT(Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of
this Contract. As applicable, this agreement shall be:-
Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global & National Commerce Act’’ or such other
applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001)
1. ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United
Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT).
2. EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable. Either
Party may request hard copy of any document that has been previously transmitted by electronic means
provided however, that any such request shall in no manner delay the parties from performing their respective
obligations and duties under EDT instruments.
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 4 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & IRREVOCABLE MASTER FEE PROTECTION
WORKING AGREEMENT (NCNDA) AGREEMENT (IMFPA)
THE SELLER
Arad international General
NAME :
Trading LLC
Passport # :
Nationality :
Designation :
Address :
Telephone # :
Fax # :
Mobile # :
Email Address :
Web Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 5 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & IRREVOCABLE MASTER FEE PROTECTION
WORKING AGREEMENT (NCNDA) AGREEMENT (IMFPA)
THE BUYER
Passport # :
Nationality :
Designation :
Address :
Telephone # :
Fax # :
Mobile # :
Email Address :
Web Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 6 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & IRREVOCABLE MASTER FEE PROTECTION
WORKING AGREEMENT (NCNDA) AGREEMENT (IMFPA)
BUYERS MANDATE
Beneficiaries:
1. Aziza Abdulla Hamaidan Alnajdi
– 0.75USD per ton. 62,000MT * 0.75
= USD 46,500
NAME :
Aziza Abdulla Hamaidan Commission 2. KRISHNA KUMAR HARIHARA
Alnajdi : IYER – 0.75USD per ton. 62,000MT
* 0.75 = USD 46,500
3. ASAL BLAJ BAKHSH AL
BLUSHI– 0.75USD per ton.
62,000MT * 0.75 = USD 46,500
4. KALAIY ARASAN VEERASAMY
– 0.75USD per ton. 62,000MT * 0.75
= USD 46,500
Beneficiary’s
Passport # : 2854120 Name : Aziza Abdulla Hamaidan Alnajdi
Account
Nationality : Bahraini Name : Aziza Abdulla Hamaidan Alnajdi
Company Name
Account # : 02 1020 0103 70
:
Bank
Address : KINGDOM OF BAHRAIN
Address :
Fax # : EMAIL :
Bank Officer
Mobile # :
:
Email Bank
Address : Telephone
#:
Web
Bank Fax # :
Address :
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 7 of 21
SIGNATURE
&
SEAL
INTERMEDIARY – #2
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 8 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & IRREVOCABLE MASTER FEE PROTECTION
WORKING AGREEMENT (NCNDA AGREEMENT (IMFPA)
BUYER Intermediary
KRISHNA KUMAR HARIHARA IYER
USD 3 PER MT. TOTAL
62,000MT * 3 USD = USD
186,000
Beneficiaries:
1. Aziza Abdulla Hamaidan
Alnajdi – 0.75USD per ton.
62,000MT * 0.75 = USD
46,500
2. KRISHNA KUMAR
NAME : Commission HARIHARA IYER – 0.75USD
per ton. 62,000MT * 0.75 =
USD 46,500
3. ASAL BLAJ BAKHSH AL
BLUSHI– 0.75USD per ton.
62,000MT * 0.75 = USD
46,500
4. KALAIY ARASAN
VEERASAMY – 0.75USD per
ton. 62,000MT * 0.75 = USD
46,500
Company
Name :
Account # : 0127050000091314
YESHWANTHPUR,
Address : Bank Address : BANGALORE
SOININ55
Telephone # : Swift Code :
SIBL0000127
Fax # : IFSC :
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
SIGNATURE
& Page 9 of 21
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 10 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & IRREVOCABLE MASTER FEE PROTECTION
WORKING AGREEMENT (NCNDA) AGREEMENT (IMFPA)
INTERMEDIARY – #2
USD 3 PER MT. TOTAL
62,000MT * 3 USD = USD
186,000
Beneficiaries:
1. Aziza Abdulla Hamaidan
Alnajdi – 0.75USD per ton.
62,000MT * 0.75 = USD 46,500
Commission 2. KRISHNA KUMAR
and
NAME : ASAL BLAJ BAKHSH AL BLUSHI facilitation HARIHARA IYER – 0.75USD
fees: per ton. 62,000MT * 0.75 =
USD 46,500
3. ASAL BLAJ BAKHSH AL
BLUSHI– 0.75USD per ton.
62,000MT * 0.75 = USD 46,500
4. KALAIY ARASAN
VEERASAMY – 0.75USD per
ton. 62,000MT * 0.75 = USD
46,500
Beneficiary’s
Passport # : PF6194427 Name :
ASAL BLAJ BAKHSH AL BLUSHI
Account
Nationality : OMANI Name :
ASAL BLAJ BAKHSH AL BLUSHI
Company
Name :
Account # : 3160738531700
Bank
Designation :
Name :
OMAN ARAB BANK
Bank
Address :
address:
OMAN
Bank Officer
Mobile # :
:
Email Bank
Address : Telephone #
:
SIGNATURE
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
&
SEAL Page 11 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING IRREVOCABLE MASTER FEE
AGREEMENT (NCNDA) PROTECTION AGREEMENT (IMFPA)
INTERMEDIARY – #3
Beneficiaries:
1. Aziza Abdulla
Hamaidan Alnajdi –
0.75USD per ton.
62,000MT * 0.75 = USD
46,500
Commission 2. KRISHNA KUMAR
and
NAME : KALAIY ARASAN VEERASAMY facilitation HARIHARA IYER –
fees: 0.75USD per ton.
62,000MT * 0.75 = USD
46,500
3. ASAL BLAJ BAKHSH
AL BLUSHI– 0.75USD per
ton. 62,000MT * 0.75 =
USD 46,500
4. KALAIY ARASAN
VEERASAMY – 0.75USD
per ton. 62,000MT * 0.75 =
USD 46,500
Beneficiary’s
Passport # : PB2177319 Name :
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 12 of 21
Bank
Address : Edge View, Point cook, Australia Address :
Telephone # : Iban :
SWIFT
Fax # :
CODE :
NATAAU3303M
Bank Officer
Mobile # :
+61 411 352 642 :
Bank
Email Address : Telephone #
[email protected]
:
Today’s Date :
20/07/2024
SIGNATURE
&
SEAL
INTERMEDIARY – #4
Commission and
NAME :
facilitation fees:
Company
Account # :
Name :
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 13 of 21
Designation : Bank Name :
Telephone # : Iban :
Fax # : BIC :
Email
Bank Telephone # :
Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 14 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING IRREVOCABLE MASTER FEE
AGREEMENT (NCNDA) PROTECTION AGREEMENT (IMFPA)
INTERMEDIARY – #5
Commission and
NAME :
facilitation fees:
Company
Account # :
Name :
Telephone # : Iban :
Fax # : BIC :
Email
Bank Telephone # :
Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 15 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING IRREVOCABLE MASTER FEE
AGREEMENT (NCNDA) PROTECTION AGREEMENT (IMFPA)
INTERMEDIARY – #6
Commission and
NAME :
facilitation fees:
Company
Account # :
Name :
Telephone # : Iban :
Fax # : BIC :
Email
Bank Telephone # :
Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 16 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING IRREVOCABLE MASTER FEE
AGREEMENT (NCNDA) PROTECTION AGREEMENT (IMFPA)
INTERMEDIARY – #7
Commission and
NAME :
facilitation fees:
Company
Account # :
Name :
Telephone # : Iban :
Fax # : BIC :
Email
Bank Telephone # :
Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 17 of 21
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING IRREVOCABLE MASTER FEE
AGREEMENT (NCNDA) PROTECTION AGREEMENT (IMFPA)
INTERMEDIARY – #8
Commission and
NAME :
facilitation fees:
Company
Account # :
Name :
Telephone # : Iban :
Fax # : BIC :
Email
Bank Telephone # :
Address :
Today’s Date :
SIGNATURE
&
SEAL
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 18 of 21
ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT BENEFICIARIES ABOVE
NOTARY PUBLIC
MY COMMISSION EXPIRES:
__________________________
NOTARY PUBLIC SIGNATURE
OFFICER NAME:
TITLE:
ADDRESS:
TEL:
TODAY’S DATE:
[SEAL]
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 19 of 21
BANK ENDORSEMENT
THIS IS TO CERTIFY THAT THE ABOVE IRREVOCABLE PAYMENT ORDER HAS BEEN
LODGED WITH US AND WILL BE EXECUTED IN ACCORDANCE WITH THE INSTRUCTIONS
STIPULATED IN THIS DOCUMENT.
___________________________
1st BANK OFFICER SIGNATURE
BANK OFFICE NAME:
TITLE:
PIN NUMBER:
BANK NAME:
BANK ADDRESS:
BANK TEL:
TODAY’S DATE:
[SEAL]
___________________________
2nd BANK OFFICER SIGNATURE
BANK OFFICE NAME:
TITLE:
PIN NUMBER:
BANK NAME:
BANK ADDRESS:
BANK TEL:
TODAY’S DATE:
[SEAL]
END OF DOCUMENT
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 20 of 21
n-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master Fee Protection Agreement
Page 21 of 21