The scammer pretending to be Mr Sameer Al Ansari is now using different email addresses:
This is a follow-up email to his first one above. IP Address: 18.104.22.168 – Accra, Ghana.
VC-2010-00285 NON-DISCLOSURE, NON-CIRCUMVENTION
INVESTMENT/MANAGEMENT MEMORANDUM OF UNDERSTANDING
This Agreement is made and entered into by and between:
1) First Party: Dubai International Capital LLC
Address: P.O. Box 72888. The Gate, East Wing
Address Line 2: 13th Floor Dubai International Financial Centre
Country: Dubai, United Arab Emirates
(Hereinafter refer as
1) Second Party:
Address Line 2:
(Hereinafter refer as
Whereas the First Party is an investment management enterprise and would like
to make an anonymous investment under the trusteeship of the second party for
an amount of US Dollar 100,000,000 .00( United States Dollar One Hundred
Million), ( Hereinafter refer as Fund ), and Whereas, The Second Party is an
experienced and proven management consultant with diversified investment
knowledge and is willing to accept the fund and the First Party is prepared to
Co-operate with the Second Party in that respect. Now, therefore, in
consideration of the foregoing facts and the mutual Representations and
covenants hereinafter set forth, the parties hereto;
The recitals set forth above constitute an integral part of this agreement at
all time and considered as a fundamental condition to execute it.
The purpose of the present agreement is to define the contractual relation
between the first party and the second party.
Fiduciary Agent/Fund Manager
ARTICLE 1. AGREE AS FOLLOWS
ARTICLE 2. PURPOSE OF THIS AGREEMENT
ARTICLE 3. RIGHTS GRANTED
Article 4. Purpose
ARTICLE 5: Duties of the First Party
ARTICLE 6: Duties of the Second Party
Subject to the terms and upon the conditions set forth herein, throughout the
duration of this Agreement, The First party hereby accept to make available to
the second party the amount of US Dollar 100,000,000 .00 (United States Dollar
One Hundred Million only) and the Second Party herby accepts to use and invest
the above mentioned Fund in lucrative business activities under a soft loan
arrangement of 4.5% interest rate perineum within a five (5) years renewable
The provision of the fund is to enable the second party register, operate,
trade on short term lucrative business venture under the direction and
approval of the management and authorized investment technocrats as may be
assigned by the First party.
The duties of The First Party, under the terms and conditions of this contract
shall be as follows:
A.)To conduct 5 days induction and business awareness programmed to enable the
Second Party understand the organizational financial aims and objectives. The
induction training will avail the second and opportunity to learn and make
investment decisions ranging from short-term equity financing, day-trading,
e- forex, stock speculation, bullion trading, real estate speculation
,financial contracting and import/export e.t.c. training and induction will be
conducted based on candidate proven investment ideas and specialization.
B.) To make available the sum of US Dollar 100,000,000.00 (United States
Dollar One Hundred Million as an investment portfolio upon formal approval by
the board and management.
C.) To confirm that the second party is legally entitled to receive the fund
and is duly certified by the World Bank Multi-lateral investment Guarantee
agency (MIGA) as trained fund administrator.
D.)To ensure that the second has not been convicted of any criminal offense or
does not have a history of financial mis-application or belong to any out-
E.) To draw up contracts for the implementation of the agreed Investment
Memorandum of Understanding.
F.)To ensure that every pre-funding financial expenses of the second party
including flight, accommodation, business registration, MIGA certification and
other miscellaneous expenses are duly compensated on formal acknowledgement of
the investment fund in the second party corporate account upon signing of a
duly registered contract agreement.
The duties of The Second Party, under the terms and conditions of this
contract shall be as follows:
A.) To make arrangement on his personal cost to be at the choice location for
the formal signing of partnership contract induction and License Registration
of an offshore company in the United Arab Emirates or United Kingdom.
B.) To ensure prompt liberation investment portfolio (fund) allocated and
transferred by The First Party, is up to the total sum authorized, to be used
for the purpose of investment.
C.) To acknowledge the receipt of funds in writing in presence of the
representative of the first party.
D.) To pay on inception of the contract approved 4.5% interest rate per annum
throughout the duration of the contract unless it's modified by the
E.)To ensure proper documentation all transactional expenses as well as submit
quarterly audited accounts to the first party financial designate.
F.)To endeavor to attend the necessary induction training and certifications.
A.)The present agreement shall become effective only on the date that the
first initial mobilization fund is transferred, entered and availed into the
account of the second party and shall be valid for an initial term of 5 (Five)
full consecutive years
B.) Afterwards, this Agreement shall be renewed by tacit consent for Equal
period(s), unless previously terminated by either party three months, prior to
the expiration of any of the following renewal period(s).
C.) Any termination of the present Agreement shall not impair any rights or
remedies of any party hereto neither accrued prior to the termination nor
relieve any party of its obligations accrued prior to such termination.
D.) The proof of acknowledgement of fund in account should be obtained from
the receiving bank, as an evidence that the money is been received by the
second party to identify the validity and starting date of this agreement.
8.1 This Agreement shall expire as provided in Article 8 hereon. It may also
be terminated by either party for any of the following reasons and conditions:
8.2 If the fund agreed in this agreement has not been availed to the second
party for whatsoever reason, this contract will be automatically canceled and
neither party has any rights or jurisdiction to claim any compensation or
amount from the other party.
8.3 The unanimous decision of the two parties to cancel this agreement at the
terms and conditions agreed and specified at that particular time.
8.4 If the second party fails to pay the interest agreed to the first party
for two consecutive years.
8.5 Any one of the parties could cancel the agreement after settling his
liabilities to the other party in the following way:
8.6 If first party wishes to cancel at any time he should pay to the second
Party the following amount:
8.7 For cancellation in any of the first 2 years an amount of 10% of the total
fund provided where it will be deducted from the fund amount on the date of
expiration the investment in additional to the current year dividend
8.8 For cancellation in any of the second 2 years an amount of 5% of the total
amount to be deducted from the fund amount on the date of returning in
additional to the current year interest (To be deducted).
ARTICLE 7: DURATION OF THIS AGREEMENT.
ARTICLE 8. EXPIRATION AND CANCELLATION
ARTICLE 10. CONFIDENTIALITY AND ANONYMOUSITY
ARTICLE 11. WAIVER
ARTICLE 12. NOTICE
9.1 For cancellation before the end of the last year of the agreement an
amount of 0.5% of the total fund provided, where it will be deducted from the
fund amount on the date of expiration in additional to the current year
dividend to be deducted
9.2 The first party has the full rights to terminate the contract without any
penalty or deduction if the second party fails to pay the agreed interest rate
for two consecutive years or transactions.
9.3 The second party can terminate this agreement at any time by paying back
the fund in additional to 10% of the total fund or last year dividend,
whichever is higher.
9.4 Furthermore, the present Agreement will be terminated in the event either
party ceases activities, liquidates or dissolves itself, demands a moratorium
involving a large part of its assets, ceases to make payments, declares
bankruptcy, and is declared in judicial adjustments or liquidation or become
the object of any similar procedure, becomes the object of a judgment ordering
it to cease activities, has its assets seized or has trustee or receiver
9.5 At the end of this agreement for any reason whatsoever, the second party
will return to the first Party its whole value of current finance holding
which the first party undertakes to take back.
The parties hereto agree to respect the confidentiality nature of information
which they receive during the term of this Agreement, including information
concerning the sale, distribution, Financial statements or banks or accounts
information of the company or the signatory of this agreement, and they
undertake to keep such information strictly confidential during the said term,
and after the termination or non renewal of the Agreement.
No forbearance on the part of either party in enforcing its rights under this
Agreement, nor any renewal, extension, or rearrangement of any payment or
covenant to be performed by the other party hereunder shall constitute a
waiver of any term of this agreement or a forfeiture of any such right.
12.1 Any notice demand , request , consent , approval, designation,
specification or other communication given or made , or required to be given
or made hereunder, shall be in writing and shall be hand delivered or sent by
registered air mail ( postage fully prepaid) addressed to the parties in the
manner set forth below :
(i) if to the First Party
(ii) If to the Second Party
Or to such other address of facsimile or telex number or person as either
party may hereafter designate.
12.2 A notice shall be deemed to have been given and received:
(i) When left at the appropriate address if hand-delivered or sent by
(ii) When actually received if sent by facsimile or electronic data exchange;
(iii) When dispatched and the correct answerback received if sent by telex or
Non compliance by either the First Party or the Second Party owing to Force
Majeure with any of the said obligations shall not lead to the Termination of
this agreement provided either the first party or the Second Party has, as
soon as possible under the circumstances, notified the other party in a
letter sent by registered mail, of the reason for non compliance. Pursuant to
this clause, Force Majeure shall be deemed to be any unforeseeable and
irresistible event provoked by an external cause, which constitutes an
obstacle to the performance of an obligation, such as foreign or civil war,
riots, acts of public enemies, general strikes, sabotage, piracy, fire,
explosion, natural disasters and act of local government and parliamentary
authority. The parties agreed to interrupt the Agreement for the period of
such event and until the activities resume normally.
14.1 All difference concerning the validity, the interpretation or the
performance of the present Agreement shall be finally settled under the rules
of conciliation and arbitration of the international Chamber of Commerce by a
single arbitrator appointed in accordance with the said rules. The seat of
such arbitration shall be GENEVA and the language of such arbitration shall
14.2 This agreement shall in all respects be governed and construed in
accordance with the law of the country that the agreement executed, delivered
and performed within.
15.1 This Agreement may be amended only by a written document signed by both
parties or by their duly authorized representatives.
15.2 This agreement supersedes all prior agreements between the parties
(written or oral) and is intended as a complete and exclusive statement of
the terms of the Agreement between the parties.
15.3 All reference to a year or a month shall mean a calendar year and a
period of thirty days respectively.
15.4 In the event that this agreement is translated into any other language,
the English language version hereof shall govern.
ARTICLE 13. FORCE MAJEURE
ARTICLE 14. GOVERNING LAW AND JURISDICTION
ARTICLE 15. MISCELLANEOUS PROVISIONS
Executed at ..............this.......day of........ 2010
Bin Shabib & Associates (BSA) LLP
A signed facsimile/e-mail copy of the document may be accepted as original.
Dr. Rashid Bin Shabib
Bin Shabib & Associates (BSA) LLP
Dubai, United Arab Emirates.
For: The First Party
For: The Second Party
Witnessed by an Executive Manager of the finance firm
WRITTEN AND APPROVED BY:
Dr. Rashid Bin Shabib
Bin Shabib & Associates (BSA) LLP
Dubai, United Arab Emirates