Professional Documents
Culture Documents
http://www.fbi.gov/majcases/fraud/fraudschemes.htm
BUYER :
SELLER:
CONTRACT CODE :
SELLERS CODE :
BUYERS CODE :
TYPE OF DEAL :
PRODUCT :
PRODUCT ORIGIN :
CONTRACT QUANTITY :
CONTRACT PERIOD :
DELIVERY TERMS :
PRICE:
SELLERS NAME :
SELLERS SIDE
REPRESENTATIVE :
BUYERS NAME :
BUYERS SIDE
REPRESENTATIVE :
CONTRACT DATE :
WHEREAS the undersigned wish to enter into this We the undersigned herewith referred as the
Agreement to define certain parameters of the future SELLER, under penalty of perjury do hereby
legal obligations, are bound by a duty of irrevocably confirm and irrevocably accept to pay
Confidentiality with respect to their sources and all intermediaries and fee holders at the same
contacts. This duty is in accordance with the time and in a manner as the seller is being paid
International Chamber of Commerce. for each and every transaction of this contract up
WHEREAS the undersigned desire to enter a working to the completion of the contract plus rollovers
business relationship to the mutual and common and extensions and in accordance with the bank
benefit of the parties hereto, including their affiliates, details to be specified in this contract.
subsidiaries, stockholders, partners, co-ventures, We, the SELLER, irrevocably confirm that we
trading partners, and other associated organizations will order and direct our bank to endorse
(hereinafter referred to as Affiliates). automatic payment orders to the beneficiaries
NOW THEREFORE in consideration of the mutual named below; furthermore,
promises, assertions and covenants herein and other
We, the SELLER, confirm that all pay orders
good and valuable considerations, the receipts of
shall automatically transfer funds as directed into
which is acknowledged hereby, the parties hereby
each beneficiaries designated bank account
agree as follows:
within 1 (one) day after the date of closing
and completion of each and every shipment of
1. TERMS AND CONDITIONS the product during the contract term plus any/or
A. The parties will not in any manner solicit, nor extensions and rollover of the specified contract
accept any business in any manner from referred to herein as CONTRACT CODE
sources or their affiliates, which sources
were made available through this
For the purpose of clarity, we confirm that the
agreement, without the express permission
closing and completion of each and every
of the party who made available the source
shipment shall be deemed to take place when the
and,
letter of credit issued by the buyer has been
B. The parties will maintain complete drawn down at the counters of the issuing bank.
confidentiality regarding each other business
We, the SELLER, agree to provide all
sources and/or their Affiliates and will
beneficiaries with written evidence of the pay
ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT
BENEFICIARIES ABOVE
Non-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master
Fee Protection Agreement
Page 2 of 19
CONTRACT CODE: BUYER CODE : SELLER CODE :
disclose such business sources only to the orders lodged with our bank together with
named parties pursuant to the express acknowledgements of their acceptance.
written permission of this party who made Furthermore, our bank shall be instructed to
available the source, and, provide duly signed and stamped
C. That they will not in any of the transactions acknowledgement of this instruction as set out in
the parties are desirous of entering into and the annex. Forming part of this agreement. It is
do, to the best of their abilities assure the understood that for the purposes of this Master
other that the transaction codes established Fee Protection Agreement, our bank shall be the
will not be affected. same bank and this IMFPA acts as an integral part
D. That they will not disclose names, of it.
addresses, e-mail address, telephone We the undersigned being BUYER or the
and facsimile or telex numbers to any seller named legally authorized representative as
contacts by either party to third parties and stated within the signed and legally binding main
that they each recognize such contracts as transaction, contract unconditionally agree and
the exclusive property of the respective undertake to approve and originate all payments
parties and they will not enter into any direct in USD currency to all beneficiaries named
negotiations or transactions with such below as their rightful and payable commissions.
contracts revealed by the other party and This agreement also acts as a record confirming
E. That they further undertake not to enter into the commission amounts for each named
business transaction with banks, investors, beneficiary as set out below:
sources of funds or other bodies, the names TOTAL COMMISSION SHALL BE PAID BY THE
of which have been provided by one of the SELLER AS FOLLOWS
Parties to this agreement, unless written USD$........ USD$....... PER MT SELLER
permission has been obtained from the other SIDE
party (herein after referred to as "Affiliates" ) USD$...... PER MT BUYER SIDE
to do so. For the sale of this agreement, it The amount of delivered refinery should be
does not matter whether information settled as herein stated to be transferred into the
obtained from a natural or a legal person. account as follows:
The parties also undertake not to make use TERM & CONDITIONS:
of a third party to circumvent this clause. This master fee protection agreement covers the
F. That in the event of circumvention of this initial contract and shall include any renewals,
Agreement by either party, directly or extensions, rollovers, additions or any new or
indirectly, the circumvented party shall be transfer contract any how originated from this
entitled to a legal monetary penalty equal to transaction because of the above intermediaries
the maximum service it should realize from or changing codes of the initial contract entered
such a transaction plus any and all into between the BUYER and SELLER.
expenses, including but not limited to all This master fee protection agreement and any
legal costs and expenses incurred to recover subsequently issued pay orders shall be
the lost revenue. assignable, transferable and divisible and shall
G. All considerations, benefits, bonuses, not be amended without the express written and
participation fees and/or commissions notarized consent of the receiving beneficiary.
received as a result of the contributions of However, each beneficiary may without
the parties in the Agreement, relating to any permission of the other beneficiaries assign or
transfer his or her rights to commissions or make
ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT
BENEFICIARIES ABOVE
Non-Circumvention, Non Disclosure & Working Agreement / Irrevocable Master
Fee Protection Agreement
Page 3 of 19
CONTRACT CODE: BUYER CODE : SELLER CODE :
Accepted and agreed without change (Electronic signature is valid and accepted as
hand signature)
1. 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)
2. ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted
by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT).
3. 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.
SELLER
NAME : ACCEPTED BY US WITH BELOW BANK DETAILS
PASSPORT # : BENEFICIARY :
COMPANY
ACCOUNT # :
NAME :
ABA / ROUTING
FAX # :
#:
SKYPE ID:
WEB
BANKERS EMAIL :
ADDRESS :
DATE :
The warrant payment in full for services rendered by the beneficiaries named herein immediately and
without delay or legal impediment, regardless of any variation on condition which may be agreed upon
SPECIAL between the Principals upon closing of each and every transaction, lift or exchange with rolls and
INSTRUCTIONS: extensions regarding the contract. This Master Fee Protection Agreement covers the intermediary
beneficiaries for the contract.
SIGNATURE &
SEAL
NON-CIRCUMVENTION,
NON-CIRCUMVENTION, NON-DISCLOSURE IRREVOCABLE
NON-DISCLOSURE IRREVOCABLE MASTER
MASTER FEEFEE PROTECTION
PROTECTION
& WORKING AGREEMENT (NCNDA)
& WORKING AGREEMENT (NCNDA) AGREEMENT (IMFPA)
AGREEMENT (IMFPA)
SELLER MANDATE
BUYER
NAME : buyer who get commission COMMISSION
NAME WITH R &BY
ACCEPTED E US WITH BELOW BANK DETAILS
PASSPORT
PASSPORT : #: BENEFICIARY
BENEFICIARY : :
NATIONALITY : ACCOUNT
ACCOUNT NAME :
NATIONALITY:
NAME :
COMPANY
ACCOUNT #: #:
NAME:COMPANY NAME ACCOUNT
:
DESIGNATION
DESIGNATION : BANKBANK
NAME :
NAME :
:
SIGNATURE
& SEAL
SIGNATURE &
SEAL
BUYER MANDATE
COMMISSION
NAME :
WITH R & E
PASSPORT # : BENEFICIARY :
COMPANY NAME
ACCOUNT # :
:
All Wire transfers shall incorporate below Text Message and a copy of Bank Wire Transfer
SPECIAL
slip shall be emailed to: xxxxx for legal verification and documentation pursuant to
INSTRUCTIONS:
Patriot Act/Banking regulations with one Original Contract copy to be filed with Bank.
The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state
the following: CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS,
EARNED FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF
NON-CRIMINAL AND NON-TERRORIST ORIGINS, KNOWN BY TRANSACTION CODE:
TBP, FOR SAME DAY SETTLEMENT/IMMEDIATE CREDIT. AND ARE PAYABLE IN CASH
IMMEDIATELY UPON RECEIPT BY BENEIFICIARY'S BANK.
SIGNATURE &
SEAL
SELLER INTERMEDIERIES
COMMISSION
NAME :
WITH R & E
PASSPORT # : BENEFICIARY :
COMPANY NAME
ACCOUNT # :
:
All Wire transfers shall incorporate below Text Message and a copy of Bank Wire Transfer
SPECIAL
slip shall be emailed to: xxxxx for legal verification and documentation pursuant to
INSTRUCTIONS:
Patriot Act/Banking regulations with one Original Contract copy to be filed with Bank.
The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state
the following: CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS,
EARNED FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF
NON-CRIMINAL AND NON-TERRORIST ORIGINS, KNOWN BY TRANSACTION CODE:
TBP, FOR SAME DAY SETTLEMENT/IMMEDIATE CREDIT. AND ARE PAYABLE IN CASH
IMMEDIATELY UPON RECEIPT BY BENEIFICIARY'S BANK.
SIGNATURE &
SEAL
BUYER INTERMEDIERIES
COMMISSION
NAME :
WITH R & E
PASSPORT # : BENEFICIARY :
COMPANY NAME
ACCOUNT # :
:
All Wire transfers shall incorporate below Text Message and a copy of Bank Wire Transfer
SPECIAL
slip shall be emailed to: xxxxx for legal verification and documentation pursuant to
INSTRUCTIONS:
Patriot Act/Banking regulations with one Original Contract copy to be filed with Bank.
The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state
the following: CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS,
EARNED FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF
NON-CRIMINAL AND NON-TERRORIST ORIGINS, KNOWN BY TRANSACTION CODE:
TBP, FOR SAME DAY SETTLEMENT/IMMEDIATE CREDIT. AND ARE PAYABLE IN CASH
IMMEDIATELY UPON RECEIPT BY BENEIFICIARY'S BANK.
SIGNATURE &
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES:
__________________________
NOTARY PUBLIC SIGNATURE
OFFICER NAME:
TITLE:
ADDRESS:
TEL:
TODAYS DATE:
[SEAL]
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:
TODAYS DATE:
[SEAL]
_____________________________________
2nd BANK OFFICER SIGNATURE
BANK OFFICE NAME:
TITLE:
PIN NUMBER:
BANK NAME:
BANK ADDRESS:
BANK TEL:
TODAYS DATE:
[SEAL]
END OF DOCUMENT