Crude Oil Performance Bond - www.Crudeoil.ws

Crude Oil Performance Bond

A Crude Oil Performance Bond is one way a buyer can get some kind of guarantee that the seller will perform and deliver the product.

The AluminumNow Group has seen these instruments used in a number of ways. Some buyers request a PB as a qualifier of the seller.

Some buyers want to warrant continuous delivery. Refineries have a need to have consistent feed stock supply and this is one way to get compensation if that continuity ceases.

But Performance Bonds are possibly the number one reason deals don’t even get to the contract stage (outside of unqualified buyers or sellers). This is because they are hard to negotiate.

The requirement from the buyer requesting a PB is always an active banking instrument.

Normal procedure is for an RWA or ATV-POF supplied by the Buyer's bank to enable the seeler to provide a non-operational PB.

The Buyer's bank then issues the required bank instrument when this is received by the seller's back the PB becomes active.
Therefore an active instrument is always against an active instrument.

The other issue with a PB is the procedural verbiage is very specific, because banks aren’t allowed to solicit and there is always a battle about who goes first with their instrument. In most cases the buyer has to go first with their banking instrument or a promise of one. Sometimes with certain banks a promise is not good enough.

It is most unlikely that a Seller’s bank would commit to a PB unless there is an active instrument placed by the Buyer's bank. This is partially because the PB is stated as 2% of the buyers banking instrument. But it is also because the bank does not want to loose its clients money.

It is understandable that a buyer does not want to commit to the expense of the MT799 or MT760 unless there is a commitment that there will be a PB placed.

However it is important to note that there is no PB without a Bank Instrument from the buyer!!!

SAMPLE NOMINATIONS, SHIPMENT & BANKING PROCEDURES

1)      Seller send SPA to Buyer, and Buyer receive and sign SPA.

2)      Buyer signs and returns SPA with the following details: ETA/ATB format, CIS, scan copy of Buyer’s passport and company registration certificate. Seller and Buyer lodges SPA in his banks.

3)      For Trial Shipment: Buyer instructs their bank to forward POF and ATV PROOF of FUNDS to the Seller’s Bank.

4)      Upon Seller’s Bank receipt and confirmation of the Buyer’s POF. Seller’s bank issues a non – operative 2%PB.

5)      Upon Buyer’s Bank receiving non-operative 2%PB, Buyer’s bank issues DLC via MT700 to Seller nominate account from top 25 banks in the world valid for 90 days. After Seller’s bank receiving and confirmed MT700, 2% PB becomes active.

If the Buyer (bank) will not issue the DLC in 7 bank days, Buyer will be obligated to pay a fine, which is 4 % of the total amount of monthly cargo.

6)      . Upon confirmation of instrument, within 10 days, Seller sends Laycan, nominates and loads 2m barrel vessel with BLCO in buyer's name and issue POP documents to the Buyer. 

7)      Vessel captain issues NOR/ETA to Buyer Inspectors (shipping agency) and sails to Buyer’s Port of Discharge on CIF terms.

8)      At the port of discharge, Buyer’s shipping agent clears the vessel while Vessel captain issue MATB to Buyer's inspection team.

9)      Seller discharges the Crude Oil into Buyer’s Tanks. Inspectors conduct CIQ inspection and release results to both the Buyer and the Seller. Seller issues commercial invoice and inspection result to the Buyer's bank. Seller issued Warranty of Title to the Buyer.

10)   Buyer's bank pays for discharged cargo by SWIFT MT103 /TT cash wire transfer into Seller’s account. And Seller immediately pays all intermediary commissions in accordance with the Fee Protection Agreement provisions of this SPA/Agreement.

11)   Seller confirms payment and All Original Cargo Documents and Title Documents Are Transferred to Buyer's Name.

 SAMPLE DOCUMENTS

  1. A.     CLEAN ON BOARD OCEAN BILL OF LADING. THESE DOCUMENTS MUST BE ISSUED OR ENDORSED TO THE ORDER OF THE BUYER’S BANK AND MARKED “FREIGHT PAID PRIOR TO BREAKING BULK”. THE BILL MUST ALSO EVIDENCE THE SHIPPING DATE, INTENDED DESTINATION, SHIPMENT FROM BONNY TERMINAL NIGERIA AND NAME OF PRODUCT AND MUST BE MANUALLY SIGNED BY THE MASTER OF THE VESSEL.

    B.     CERTIFICATE OF QUANTITY ISSUED BY INDEPENDENT INSPECTORS AT THE PORT OF LOADING IN ORIGINAL AND THREE (3) SIGNED COPIES.

    C.     CERTIFICATE OF QUALITY ISSUED BY THE INDEPENDENT INSPECTORS AT THE  PORT OF LOADING IN ORIGINAL AND THREE (3) COPIES.

    D.     CERTIFICATE OF ORIGIN IN ORIGINAL AND THREE (3) COPIES.

    E.      CERTIFICATE OF AUTHENTICITY IN ORIGINAL AND THREE (3) COPIES.

    F.      TANKER ULLAGE REPORT IN ORIGINAL AND THREE (3) COPIES.

    G.     TANKER TIME REPORT IN ORIGINAL AND THREE (3) COPIES.

    H.     CARGO MANIFEST IN ORIGINAL AND THREE (3) COPIES.

    I.        SELLER’S COMMERCIAL INVOICE BASED ON OUT-TURNED BARRELS IN ORIGINAL AND THREE (3) COPIES.

    J.       MASTER’S RECEIPT OF NON-NEGOTIABLE DOCUMENTS AND SAMPLES.

    K.     (ALL NECESSARY DOCUMENT WILL BE GIVEN TO BUYER FOR PAYMENT INCLUDE REPORT ISSUED BY THE INDEPENDENT INSPECTOR)

ANNEX A {SELLERS BANK ACCEPTED SBLC VERBIAGE}  Sample

MT760 - ISSUE OF A STANDBY LETTER OF CREDIT

CREDIT NUMBER :

DATE OF ISSUE :

DATE AND PLACE OF EXPIRY :

ISSUING BANK :

APPLICANT : XXXXX

BENEFICIARY : XXXXX

BANK OF BENEFICIARY :

CURRENCY CODE : USD

CREDIT AMOUNT : XXXXX

PLACE FOR PRESENTATION : AT OUR COUNTERS

FORM OF PRESENTATION : PAPER / BY COURIER SERVICE

LANGUAGE OF ANY

REQUIRED DOCUMENTS : ENGLISH

PARTY LIABLE FOR THE PAYMENT OF ANY CHARGES : BENEFICIARY

UNDERLYING RELATIONSHIP : XXXXX

WE HEREBY IRREVOCABLY AND UNCONDITIONALLY WITHOUT PROTEST OR NOTIFICATION, WITH OUR FULL RESPONSIBILITY, UNDERTAKE TO PAY AGAINST THIS STANDBY LETTER OF CREDIT NUMBER SBOSBLC/XXXXX TO THE ORDER OF XXXXX, THE BEARER OR HOLDER THEREOF AT EXPIRY DATE OF THE DD OF MM, YYYY, THE SUM OF USD XXXXX (XXXXX US DOLLARS ONLY) IN LAWFUL CURRENCY OF UNITED STATES OF AMERICA UPON SURRENDER AND PRESENTATION OF

ORIGINAL HARD COPY OF THIS STANDBY LETTER OF CREDIT AT OUR COUNTERS AS PER OUR FILE.

SUCH PAYMENT SHALL BE MADE WITHOUT SET OFF AND SHALL BE FREE AND CLEAR OF ANY DEDUCTIONS OR CHARGES, FEES, OR WITHHOLDINGS OF ANY NATURE PRESENTLY OR IN THE FUTURE IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED THEREIN OR THEREOF.

PAYMENT IS AVAILABLE UPON THE BENEFICIARY'S FIRST WRITTEN DEMAND IN THE FORM OF PRESENTATION INDICATED ABOVE ONLY TO BE SENT TO US NOT EARLIER THAN 15 (FIFTEEN) DAYS BEFORE EXPIRY DATE.

THIS STANDBY LETTER OF CREDIT IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION TO US AND WITHOUT PAYMENT OF ANY TRANSFER FEE OR CHARGES.

THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE ICC UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, INTERNATIONAL CHAMBER OF COMMERCE, PARIS, UCP 600 UNDER ICC PUBLICATION NO. 600 AND SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF ENGLAND. ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS STANDBY LETTER OF CREDIT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF ENGLAND.

THIS IS AN OPERATIVE INSTRUMENT AND NO CONFIRMATION SHALL FOLLOW.
(FULL NAME AND ADDRESS OF ISSUING BANK)

____________________________________________
FULL NAME & TITLE OF AUTHORIZED BANK OFFICERS.

Bank Officer (1) Bank Officer (2)

SELLER’S APPROVED 2% PERFORMANCE BOND VERBIAGE - Sample

 WE, BANK OF XXXXXX, Address:- WITH

FULL BANK RESPONSIBILITY AND AUTHORITY HEREBY IRREVOCABLY AND UNCONDITIONALLY WITHOUT PROTEST OR NOTIFICATION UNDERTAKE TO PAY AN AMOUNT NOT EXCEEDING USD1, 600,000.00 (ONE MILLION SIX HUNDRED THOUSAND UNITED STATES DOLLARS ONLY) BEING TWO PER CENT PERFORMANCE BOND ON THE BLOCKED FUNDS, GUARANTEEING EACH SINGLE SHIPMENT OF BONNY LIGHT CRUDE OIL OF USD80,000,000 (EIGHTY MILLION UNITED STATES DOLLARS ONLY) RECEIVED FROM ---------------------------- (BUYER NAME AND ADDRESS) AS PER MT799 BLOCKED FUNDS, HEREIN REFERRED TO AS BUYER” WITH REFERENCE TO THE CONTRACT NO. NLO/115/3QT.15.FOR THE SALES AND PURCHASE OF NIGERIAN BONNY LIGHT PETROLEUM PRODUCTS.

THE AMOUNT OF THE PERFORMANCE BOND FOR THE MAIDEN VOYAGE ONLY SHALL BE USD1, 600,000.00 (ONE MILLION SIX HUNDRED THOUSAND UNITED STATES DOLLARS ONLY) BEING TWO PER CENT PERFORMANCE BOND ON THE USD80, 000,000.00 (EIGHTY MILLION UNITED STATES DOLLARS) BLOCKED FUNDS FOR THE MAIDEN VOYAGE AND WHICH PERFORMANCE BOND ONE (1) YEAR AND ONE (1) MONTH SHALL BE ISSUED WITHIN 10 WORKING DAYS AFTER THE RECEIPT, VERIFICATION AND CONFIRMATION OF THE BUYER´S MT799 BF. 

WE ON BEHALF OF__________ (SELLER NAME AND ADDRESS) HEREIN REFERRED TO AS “SELLER” HEREBY GUARANTEE THE GOOD PERFORMANCE OF THE OBLIGATION ASSUMED TOWARD BUYER IN ACCORDANCE WITH THE ABOVE MENTIONED CONTRACT.

IN CASE THE SELLER FAILS TO CARRY OUT AND FULFILL THEIR OBLIGATION TO SUPPLY THE QUANTITY OF THE NIGERIAN BONNY LIGHT PETROLEUM PRODUCTS ASSUMED UNDER THE SAID CONTRACT FOR THE MAIDEN VOYAGE ON OR BEFORE 60 DAYS AFTER SELLER’S RECEIPT AND CONFIRMATION OF YOUR BANK’S BLOCKED FUNDS, AND FOR THE TERM CONTRACT ON OR BEFORE ONE YEAR AND ONE MONTH AFTER THE RECEIPT AND CONFIRMATION OF YOUR BANK’S BLOCKED FUNDS, WE IRREVOCABLY UNDERTAKE TO HOLD THE SAID AMOUNTS AT YOUR DISPOSAL, FREE OF INTEREST AND FEES, AND SUBJECT TO THE LIMIT OF AN AMOUNT NOT EXCEEDING USD1,600,000.00 (ONE MILLION SIX HUNDRED THOUSAND UNITED STATES DOLLARS ONLY) FOR THE MAIDEN VOYAGE AND FOR EACH SINGLE SHIPMENT OF BONNY LIGHT CRUDE OIL, AND TO THE LIMIT OF AN AMOUNT NOT EXCEEDING USD6,400,000.00 (SIX MILLION FOUR HUNDRED THOUSAND UNITED STATES DOLLARS ONLY) FOR THE TERM CONTRACT, PAYABLE IN CASH TO YOUR NOMINATED BANK ACCOUNT WITHIN FIVE BANKING DAYS ON YOUR FIRST DEMAND BY YOUR BANK SWIFT STATING THAT THE SELLER HAS FAILED TO PERFORM THEIR OBLIGATIONS PURSUANT TO THE CONTRACT NO. NLO/115/3QT.15 AND NOT WITHSTANDING ANY CONTESTATION BY THE SELLER.

THIS PERFORMANCE BOND SHALL COME INTO FORCE FROM ITS ISSUANCE, AND SHALL BE VALID FOR ONE YEAR AND ONE MONTH FROM THE DATE OF OUR RECEIPT AND CONFIRMATION OF YOUR BANK’S BLOCKED FUNDS. CLAIMS, IF ANY, HAVE TO BE RECEIVED BY US ON/OR BEFORE THE MATURITY DAY.

 THIS PERFORMANCE BOND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF (ISSUING COUNTRY). 

THIS PERFORMANCE BOND IS SUBJECT TO THE ICC UCP 600 CURRENT VERSION.

FOR AND ON BEHALF OF

AUTHORIZED SIGNATORY:

AUTHORIZED SIGNATORY:
__________________________________________________________________________

Information provided by the AluminumNow Group and is for information only as the procedures are changing.