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Parties involved in oil business activities. THE PLAYERS: We refer to all the participants above as “the players”. They all play important roles throughout the process of any Oil deal. These participants are paid from the commission account commonly known as the discount. The players from the buyer’s side are paid from the buyer’s side of the discount while those on the seller’s side are paid from the seller’s side of the discount. If you are working for the seller, you will be paid on the seller’s side while you will get paid from the buyer’s side of the commission if you came into the deal as the buyer’s agent or facilitator. It is always good to be at the buyers’ side because the account is always open to accommodate you. Every deal, buy and sell, export and import, purchase, supply and production of goods will involve several players. Who is the player to recognize? There are several player categories: 1. THE BUYERS: A buyer is an individual, company or a group of individuals who sign a contract for the purchase of crude oil from the seller or directly from the supplier. A buyer may also sign a contract with a broker for a final purchase of a crude oil product from the seller or the supplier. |
a) LETTER OF INTENT (LOI):
A letter of intent is the initial request sent by the buyer (either directly or through his/her, agent, facilitator or mandate) to the seller, expressing their intention to purchase a product from the seller, the supplier or the broker. The letter usually will describe the product, the quantity, method of payment, method of shipping and their banking details. The LOI must be in the buyer’s letterhead and must be signed and sealed. In some instances a buyers mandate can sign and seal an LOI on behalf of the buyer. A trusted agent can do so, only if, an approval has been given by the buyer.
b) IRREVOCABLE PAYMENT ORDER (IPO):
An Irrevocable Payment order is a document issued by the buyer to his bank to effect payment irrevocably to all agents, facilitators, consultants, mandates and any party whose banking (information) coordinates were provided in the banking coordinate page(s) of the contract (SPA) and in (MFPA) master fee protection agreement. When the paying bank receives the payment order, they will effect payment irrevocably in accordance with the specific instructions in the IPO and MFPA. (Master Fee Protection Agreement).
c) IRREVOCABLE CORPORATE PURCHASE ORDER (ICPO):
After the buyer has received an offer from the seller called, FCO (Full Corporate Offer), the seller may request for an ICPO to confirm that the buyer has accepted his initial offer. The buyer sends a signed and sealed (ICPO) to the seller. This exchange of documents is usually done through and between the buyer and seller’s facilitators or agents/mandates. The buyer must usually sign and seal the ICPO.
d) PROOF OF FUND (POF):
Proof Of Fund: Proof of fund is a document that is issued by a bank, confirming the financial capability of their (customer) client to complete the transaction. It could be a letter written, signed and sealed by bank officials in the bank’s official stationary (letter head). It can also be in the form of a quarterly bank statement signed and sealed by authorized bank officials, with his phone, fax numbers and e-mail addresses for verification of the authenticity of the document. Proof of fund documents are usually subject to verification for authenticity from the issuing bank. Proof of fund is not a financial instrument and cannot borrowed against. It is not cashable.
2. THE SELLERS:
A seller is an individual or group of individuals, or companies who would sign a contract with a supplier and sell the crude oil product to an end-buyer. Notice the word End-Buyer. The seller could sell to another broker or directly to an end buyer. A seller is an individual, group of individuals or companies who would sign a contract and passes it unto an end-buyer for a final purchase agreement.
a) PROOF OF PRODUCTS (POP):
The proof of product is a document issued by the seller to the buyer to prove that he /she has the product being sold. The proof of Product is subject to verification by the buyer. The buyer may not continue
with the transaction if he /she is unable to establish that the seller has a tangible product to sell. This may be done either by a physical inspection of the product in a vessel by accredited inspection firms or through a verification authority.
b) FULL CORPORATE OFFER (FCO):
This document is issued by the seller as an acknowledgement of the buyer’s LOI and confirmation and acceptance of the specifics in the
procedure. After receipt of the FCO, the buyer issues an ICPO if such document is demanded by the seller.
Some Sellers, directly uses the SPA after the ICPO the order is SCO, ICPO, SPA.
c) SALES PURCHASE AGREEMENT (SPA):
SPA stands for Sale and Purchase Agreement and it is the same document we refer to as contract. The buyer and the seller or their mandates must sign and seal the contract before it becomes binding. If contract is not signed and sealed by both parties, (buyer and Seller), such contract is not effective.
3. SUPPLIERS:
A supplier is the seller who has an irrevocable power to a specified crude oil allocation and has the exclusive right to sell the allocation. He may or may not posses an export license, and can empower any seller who has an export license to sell his allocation on his behalf to a potential buyer.
There are two kinds of Mandates, Buyers’ and Sellers’ Mandates. A mandate is an individual, who is empowered by the buyer, the seller or the supplier to negotiate and sign a contract on their behalf. The Mandate can sign and seal a
contact on behalf of the buyer, the seller or the supplier. Realistically, he has the power to sign on behalf of who-so-ever he represents.
An agent is an individual, group of individuals or company who negotiate on behalf of the buyer, sellers or the suppliers to conclude any oil deal transaction. The agents deal directly with the facilitators or the seller/buyer. There are two types of agent: Buyer’s Agent and Seller's Agents.
Consultants are companies or individuals who negotiate the terms of the contract as contained in the contract procedure working in close conjunction with the agents, facilitators and mandates. They could be paid either by the buyer or the
seller. If a consultant is brought into a deal, his/her commission would be paid by the party who brought him/her into the deal.
A Broker is the buyer who signs a contract with a supplier on behalf of another buyer and passes the contract to the end-buyer. The broker is quite like the seller. He is not the final buyer. A broker posses technically as a buyer and finally
flips the contract over to the end-buyer.
The facilitator is the individual, or group of people arranging business activities as contained in a contract and bringing two parties into a mutual agreement towards the smooth implementation of a contracts as defined in the procedures of the contract.
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