ENERCONT enterprise

TR0073449-V
SHELL KERTEH, LOT 9818 KG BARU KERTEH, 24300 KUALA TERENGGANU
TELEFAX : 09 8266818 MOBILE : 0143633177

PRIVATE AND CONFIDENTIAL

Date: 02 MARCH 2023

Shell Malaysia Trading Sdn Bhd,

Level 11, Menara TH 1 Sentral,
Jalan Rakyat, Kuala Lumpur Sentral,
50470 Kuala Lumpur.

Dear Sirs,

BUSINESS ASSURANCE LETTER IN RELATION TO SHELL RETAIL STATION

FOR YEAR2023

As the Shell Retailer for a Shell Retail Station under the Shell Retailer Partner Agreement
(“RPA”), I/we, ENERCONT ENTERPRISE TR0073449-V hereby provide assurance on the
following items:

Please tick where applicable:

 I/we hold a valid permit issued under the Petroleum Development Act 1974 and a valid
license issued under the Control of Supplies Act 1961 for the sale of fuels and all other
permits/licenses under the relevant applicable laws required to operate a Retail Station;
and I/we comply with all the permit/license conditions of all permits/licenses issued to
me/us;

 I/we hold the relevant licenses issued under the Control of Supplies Act 1961 for the
retail sale of other Scheduled Controlled Goods, the license issued under the Control of
Padi and Rice (Licensing of Wholesalers and Retailers) Regulations 1996 (where
applicable) and all other permits/licenses under the relevant applicable laws required to
sell controlled/regulated goods; and I/we comply with all the license conditions of all
licenses issued to me/us;

 I/we hold a valid Local Council License (“PBT License”) in my/our business name from
the Local Council having jurisdiction over the Site of the Shell Retail Station operated by
me/us and all other licenses required under the relevant by-laws of the said Local
Council; and I/we comply with all the license conditions of all licenses issued to me/us
by the said Local Council;

 I/we hold a valid Public Performance License issued by Music Rights Malaysia Berhad;

 I/we hold the required Certificates of Fitness issued under the Factories and Machinery
Act 1967 to operate the air compressor(s) and hoist(s) at the Shell Retail Station;
 the utilities accounts (water, electricity, Indah Water, telephone, internet etc) for the
Shell Retail Station are registered in my/our business name and the payment of all
utilities bills for the Shell Retail Station are up-to-date;

 I/we hold valid insurance policies in my name (where Shell Malaysia Trading Sdn Bhd is
named as the co-insured or the interest of Shell Malaysia Trading Sdn Bhd is endorsed
on the policies where applicable) with an insurance company against theft, employer’s
liability, public and products liability, third party claims for damages and personal injury
resulting from any accident or fire occurring at the Shell Retail Station;

 I/we have fully ensured that all my/our foreign sites heroes working in the station are
legitimate and are holding valid permits.

 I/we fully comply with all laws, directives, orders, policies and guidelines which are
applicable to the operations of the Shell Retail Station;

 I/we fully comply with Shell’s requirement not allowing other unauthorized parties to be
involved in the operations of business;

 I/we fully ensured that any past changes of company structure have secured the proper
approval from Shell.

 I/we have operated and will continue to operate the Shell Retail Station in accordance
with the operating methods and standards stated in the Site Policy & Procedure Manual
and all Operational Circulars issued by Shell;

 I/we have maintained detailed financial statements (including Balance Sheet and Profit &
Loss Statement) which are duly audited by a certified professional accountant;

 I/we and my/our managers, agents, servants and workmen employed by me/us have
observed and conformed with and will continue to observe and conform with all Shell’s
policies on Health, Safety, Security and Environment (HSSE), No Smoking, Drug and
Alcohol Policy, Stop Work Policy and Emergency Response Policy;

 I/we have ensured adherence to the following specific HSSE requirements for operating
the Shell Retail Station which are stated in the Site Policy & Procedure Manual:

 the availability and constant operation of the CCTV (HD Specification with
minimum storage capacity of 30 days) at the Shell Retail Station;

 the availability and constant operation of silent alarm (iAlert, Extend etc) at the
Shell Retail Station;

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  the availability of oil spill management kit with minimum capacity of 110 liters
for immediate deployment if required;

 the proper management of domestic waste and scheduled waste from the oil
interceptors, lubricants waste oil, used lubricants bottles and any other oil wastes;
and

 all my/our Site Heroes are adequately trained in First Aid and Fire Fighting skills.

 I/we have maintained adequate internal controls and procedures to ensure compliance
with Anti-BriberyLaws (in particular Section 17A of the Malaysian Anti-Corruption
Commission Act 2009 and the Guidelines on Adequate Procedures issued thereunder);
and confirm that no bribery or facilitation payments were made when operating the Shell
Retail Station;

 I/we have strictly used the Shell Intellectual Property as authorized by Shell only in
connection with the operation of the Shell Retail Station;

 I/we have reported to Shell all HSSE incidents including personal injury and/or property
damage suffered by any person which had occurred at the Shell Retail Station within
twenty-four (24) hours of such occurrences;

 I/we have adhered to the principles contained in the Shell General Business Principles or
equivalent principles in all my/our dealings with Shell or on behalf of Shell in
connection with the Shell Retail Station;

 I/we have complied with the Personal Data Protection Act 2010 when processing
personal data in relation to the operation of the Shell Retail Station;

 I/we have observed, conformed with and will continue to observe and conform with the
standard operating procedures for Convenience Retailing required by Shell under the Site
Policy & Procedure Manual;

 In fixing the prices for the Products sold at the Convenience Retailing Shop, I/we have
not profiteered and have ensured compliance with the Price Control and Anti-
Profiteering (Mechanism to Determine Unreasonably High Profit) Regulations 2018 at
all times;

 I/we have ensured that all Dealer’s Choice Products sold at the Shell Retail Station are
compliant with the Management Of Dealer Choice SKUs At Select StoresCircular dated
21September 2022;

 I/ we have ensured that all Dealer’s Choice Products in the Food & Beverage category
are compliant with the requirements of the Food Act 1983, the Food Regulations 1985
and all other relevant laws relating to the handling, preparation, consumption and sale of
food products and beverages;

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 I/we have observed and conformed with and will continue to observe and conform with
all Shell’s requirements for Retailer Collect arrangements in the Retailer Collect
Standard and the Site Policy & Procedure Manual. The means of transport and the
drivers used for Retailer Collect arrangements comply with all requirements in Malaysia
under public law ((including but not limited to the Road Transport Act 1987, the Road
Transport (Construction and Use) (Dangerous Goods Vehicles) Rules 2015, the
Occupational Safety and Health Industry Code of Practice for Road Transport Activities
2010 and the Petroleum Development Act 1974); and

 I/we have complied with and am/are continuing to comply with all my/our obligations in
the RPA and RSA.

Please find attached a copy each of the following documents as enclosures to this Business
Assurance Letter:
 Relevant Licenses for Retail Sale of Scheduled Controlled Goods;
 Retail License to Sell Rice under the Control of Padi and Rice (Licensing of Wholesalers
and Retailers) Regulations 1996;
 Local Council License (“PBT License”);
 Public Performance License;
 Insurance policies against theft, employer’s liability, public and products liability, third
party claims for damages and personal injury resulting from any accident or fire
occurring at the Shell Retail Station (relevant pages indicating name of insurance
company, insured items, insured amount and the endorsement of the interest of Shell
Malaysia Trading Sdn Bhd);
 Air Compressor(s): Certificate(s) of Fitness;
 Hoist(s): Certificate(s) of Fitness;
 Contracted waste management company’s Certificate of Registration with the
Department of Environment;
 Site Heroes’ Training Certificates on First Aid and Fire Fighting; and
 Other Documents: please state.

Yours faithfully
For ASRI BIN ABDULLAH

__________________________
ASRI BIN ABDULLAH
DIRECTOR
ENERCONT ENTERPRISE