PROCEDURAL DECEIT

THESE ARE THINGS A BUYER SHOULD BE LOOKING FOR WITHIN THE LANGUAGE THAT HAVE HIDDEN MEANINGS THAT WILL CREATE A ROAD BLOCK WHEN IT COME TO CLOSING A SALE AND WE ATLANTIC PETROLEUM COMPANY DO EVERYTHING WE CAN TO EITHER HAVE THESE REMOVED OR REFUSE TO PURCHASE THE SALE OUT RIGHT FROM THE BEGINNING. 

#1 BUYER PAYS FOR TSR PRIOR TO VERIFYING FUEL

 

EXAMPLE A.

TERMS & OPERATIONAL PROCEDURE: FOB/CI, DIP & PAY ROTTERDAM PORT 

1) Buyer issues ICPO with full banking details, CP, Passport copy, Company registration certificate and valid TSA, for refinery approval. 

2) Seller issues CI Commercial Invoice to Buyer. 

3) Buyer sign/endorse CI within 48 hours. 


4) Seller issues to Buyer following transaction documents: a) Statement of product availability b) Product Passport (Dip Test Result) c) Pre-injection Report (PIR). 

 

5) Upon receiving confirmation letter from Buyer’s Storage company, Seller issues the following PPOP documents: a) Fresh SGS report b) Authority to Verify (ATV) c) Authority to Sell Collect (ATSC) d) Bill Of Lading (FOB Rotterdam only) e) Freight Cargo Manifest (FOB Rotterdam only) 

5) Upon receiving confirmation letter from Buyer’s Storage company this will require the Buyer to pay for his TSR and the Buyer will walk away from the sale.

EXAMPLE B.

4. Seller sends to Buyer, Commitment to supply and product availability in storage reservoir, Product Passport and Company registration certificate. Buyer has been given no documentation that will verify there is oil in Seller's tanks.


5. Buyer issue TSA & ATV for his leased Tank for Seller verification and confirmation. Then buyer proceeds to obtain the TSR from the hired tank farm after seller verification of the tank farm. Buyer is directed to pay for his TSR without the ability to have SGS or like physically verify the fuel.

EXAMPLE C.

3. Buyer send to seller GPS coordinates location from the tank farm, sign and seal from the tank farm,

The only way you can give any coordinates of your tank farm is to purchase your TSR and again this is in number 3 right at the top prior to verifying your fuel. Don't buy this fuel you may have a serious problem.

EXAMPLE D.  **NEW**

3. Upon receipt and review of the signed C.I., seller issues Dip Test Authorization (D.T.A) to be completed and signed by buyer in order for Dip Test to be conducted alongside counter signed copies of the C.I. This new language we had verified with the refinery and here is what they wrote; "Line (3) of the procedure, buyer/buyer logistic endorse DTA to enable seller release POP."  

EXAMPLE E 

D. Tank to Tank Injection Agreement (TTTIA) to be signed by buyer tank farm, You would think that this TTTIA could be signed at anytime prior the issuance of the TSR below in N0: 5, however the procedure /refinery will demand that your TSR be paid here not allowing you verify the fuel first as soon as you receive the other documents that were listed in the PPOP.

E. ATS, (Authority To Sell)

 

4. Seller provides buyer with SGS report, Injection Report, unconditional DTA. This means the bait here is the SGS report that will only stand out in your eyes of the real document they are after, is the TSR, your TSR.

 

5. (NCNDA/IMFPA) will be signed by Buyer within 24 hours after successful dip test in Seller tanks. Buyer provides tank storage receipt (TSR) to Seller and Seller proceeds to Tank to Tank injection and provides Buyer with the injection report of the product is injected into Buyer tanks.

EXAMPLE F  **NEW**

3. Upon receipt and review of the signed C.I., seller issues Dip Test Authorization (D.T.A) to be completed
and signed by buyer in order for Dip Test to be conducted alongside counter signed copies of the C.I;

 

4. Buyer returns the Dip Test Authorization (DTA) fully completed and signed within its validity and upon
successful review of the completed DTA, seller issues the below full POP documents: 
validity means to make the DTA valid you have to add your logistics information and signature which will include your purchasing your TSR, be mindful of this. 

#2 HIDDEN MEANING IN WORDS USED

REFINERY SELLING PROCEDURES FOB ROTTERDAM/HOUSTON

 

EXAMPLE A.

1) Buyer issue ICPO containing the seller's 

working procedure with banking details and scanned copy of buyer's passport along with TSA.

 

2) Seller issue commercial invoice of the product in tanks at the port; buyer and Buyer's logistic sign and return back commercial invoice to seller.

 

3) Seller issue to buyer PPOP listed below:

logistic sign and return back commercial invoice to seller.  Logistics mean the Buyer's tank farm and you never want the Buyer's tank farm or anyone else signing your CI, (Commercial Invoice) that document is only between the Buyer and the the Seller, refuse to buy any sale requiring this language.

EXAMPLE B

STEP.2. SELLER ISSUES COMMERCIAL INVOICE OF THE PRODUCT IN TANKS AT THE PORT, TO BE SIGNED
BY BUYER AND BUYER'S STORAGE COMPANY AND TO BE RETURNED BACK (COMMERCIAL INVOICE)
TO 
SELLER AFTER COMPLETED.  
Never allow anyone to sign your CI except you and the Title Holder.

EXAMPLE C

3) SELLER SENDS CI, BUYER SIGNS RETURN TO SELLER ALONG WITH ATV FROM BUYER LOGISTICThis means that your tank farm with be the one that is writing your ATV and the tank farm will not write it until you pay for your TSR.

EXAMPLE D

4. Upon receipt of the payment for the 2 days by Buyers tank storage company, Buyer provides to Seller a, Confidential Agreement (CA) from their Tank Storage Company. This Confidential Agreement (CA) is saying that that you will pay at this time for your TSR and a copy of the TSR will be sent from your tank farm direct to the Seller.

EXAMPLE  E

4. Seller programs the injection and then issues buyer the following documents (3 DAY Unconditional dip test authorization(DTA). This new term means that you have to pay for your TSR before you are allowed to get any documents much less verify the fuel in Seller's tank.

EXAMPLE F

2, seller issue commercial invoice of the product in tanks including Certificate of Origin Certificate of Analysis Report (Product Passport) : commercial invoice signed and returned to Seller with (IOSS) FROM BUYER'S TANK FARMS WHICH IS FREE LOGISTICS PROVIDED BY TANK FARM.

THE BUYER PROVIDES FROM HIS LOGISTICS COMPANY ITS ( INSPECTION OF STORAGE SPACE) FOR THE REFINERY TO PROGRAM AND VERIFY THE PROPER INJECTION OF THE PRODUCT.  The (IOSS) is not free, this will force you to have to pay for your TSR so don'y waste your time with (IOSS). **NEW**

#3 DTA SIGNED BY BUYER'S TANK FARM

EXAMPLE A.

1. Buyer send ICPO to seller / seller’s mandate along with buyer company registration Certificate, buyer’s company profile and acceptance letter sign by buyer and Notarized by their country’s notary public to adhere to seller’s procedures. No Buyer is going to have this document notarized.


2. Seller Issue (CI) Commercial Invoice for the available quantity in the storage tank to buyer, buyer signs and returns to seller with Tank Storage Agreement (TSA).

 
3. Seller issue Dip Test Authorization Agreement Letter (DTA) to be signed by all
3 (Three) parties; Seller, Buyer and buyer’s Tank farm. If a Buyer has this DTA signed by the Buyer's tank farm Buyer will be required by his tank farm to pay for Buyer's TSR and no Buyer is going to do this prior to verifying the fuel in Seller's tanks.


4. Upon all parties fully conclude paper signing) seller issue PPOP documents:

EXAMPLE B.

2. Seller issues CI (commercial invoice) and Draft Contract to Buyer, and Buyer Signs and returns to Seller with acceptance letter and NCNDA/IMFPA signed by all groups.


3. Seller issues Dip Test Authorization letter and Buyer returns the letter signed by all parties including buyer’s tank farm. Remember, the tank farm will not sign off on the DTA unless you pay for the TSR first and until you physically verify the fuel DO NOT PAY FOR YOUR TSR.


4. Seller issues DTA, Fresh SGS Report, Tank Receipt & ATSC. Don't be fooled by the Seller offering a fresh SGS report after you sign the DTA with your tank farm.


5. Buyer orders SGS to conduct Dip Test of the product in the Seller Tank on Buyer
expense.

#4  TANK EXTESIONS

EXAMPLE A.

3. Seller lease and pays the buyer’s tank for 3 days first and Buyer do pay his Tank Farm Company for 2 days after his Tank Farm Company has received the payment from Seller Company.

No Buyer will pay for tank lease prior to verifying the fuel in the Seller’s tanks. Don't be fooled by the Supplier paying for the first 3 days, The Supplier has arraignments with the Russian tank farm on these payments.

EXAMPLE B.

2. Seller issues draft contract/CI for Buyer to countersign and return to seller.


3. Seller provides the tank farm full details contact to buyer for buyer and tank farm to Finalize the number of days buyer wants to extend the tank.


4. Seller issue partial POP documents to buyer via email: First of all there is really nothing in the following documents that proves there is fuel in the tanks, to many scams where the tank has no fuel in it.


(a) Tank Storage Receipt
(b) Product Passport
(c) Commitment to Supply
(d) Statement of Availability of Product

(e) Authorization to Sell (ATS)
(f) Authorization to Verify(ATV)


5. Buyer pays for tank extension after receipt of PPOP to enable the tank farm release current
TSR
and inspection permit to conduct dip‐ test.  You have no proof there is any fuel in the tanks because the Seller has not allowed you to Verify the fuel with SGS or like agencies.

6. Seller issue to Buyer unconditional DIP TEST AUTHORISATION Letter with a space for buyer to fill is storage company terminal code and Hub number, in order for buyer to conduct Dip test in Seller Lease Tank in Rotterdam at Buyer expenses OR alternative Buyer direct inject into their Tank. The storage company terminal code can only be gotten if you have a TSR. This means once again you have to pay for your TSR prior to verifying the fuel in Seller's tanks.

#5  PREPAYMENTS

2. Buyer signs CI and returns to Seller within 3 banking days, along with Buyer’s ATB format with name of Supercargo and Inspector. Passports and license must be submitted. Buyer has Buyer's Bank issue a $375,000.00 dollars to Sellers Escrow Account  Unless you have had SGS or like verify that fuel whether in a vessel or tank, under no circumstance advance any funds to the Seller, Seller's escrow, Seller's bank etc.

#6  IN SHIPPING FUEL VESSEL MAY REQUIRE CPA OR A CAP, THESE ARE SCAMS SEE BELOW

EXAMPLE A

3.Buyer countersigned Commercial Invoice and return attached with CPA, Q88 and NOR, including PORT CLEARANCE CERTIFICATE to proof buyer Vessel is already in the Rotterdam for lift after the dip test the seller tank, with NCNDA/IMFPA signed by all buyer groups with commission structures. 

CPA, Q88 and NOR  No Buyer should ever present these documents upfront until the fuel is verified in the Seller's tank just in case there is no fuel and you have them lost all you money as the Buyer.

PORT CLEARANCE CERTIFICATE  This is a scam and does not exist in the Rotterdam Port system., (see below) I personally called the Rotterdam Port Authority and they sent me the email shown as EXHIBIT 1) Don't be fooled by those who demand you pay it, most likely there isn't any fuel as in the cases I have seen.
4. Seller “issue buyer Unconditional DTA & ATV for physical verification of the product in the seller tank in Rotterdam.

EXAMPLE B

3. Buyer and their SGS teams visit us at the terminal at Rotterdam where the vessel of the product anchored for buyer inspection team to board the vessel and buyer is mandated to make the sum of €120,000 euros by TT/wire transfer to seller AGENT at Rotterdam so as to enable buyer/inspection teams to gets the Clearance Access Permit (CAP) and Required Accreditation from the port authorities...

See EXHIBIT below from the Rotterdam Port Authority, there isn't a CAP in Rotterdam, the Exhibit is a copy of the email sent to Atlantic Petroleum Company from the Port Authority which contains the name and full contact information of the Port Authority person the verified this to us.  

#7  BANKING INVOLVEMENT DOCUMENT EXCHANGE

5. Within 10 days after the receipt and confirmation of the Payment Instrument, the lifting commences 
and the Seller’s Bank shall swift the Full POP Documents to the Buyer’s Bank alongside with the 2% 
Performance Bond (PB), in case of delivery failure by the Refinery and the 2% of the Cargo worth will be 
paid to Buyer.
 
A lot of banks will refuse to do documents exchanges or SWIFT because the do not want to get involved either because they do not understand or they do not want the liability. Our Bank will refuse to send or SWIFT document because they do not understand and think it is all a scam.

#8  PPOP DOCUMENTS DO NOT VERIFY FUEL

3. Seller release the Partial POP Documents to the Buyer via E-mail as follows; 
 a. Approval to Export, 
 b. Certificate of Origin, 
 c. Analysis Report (Q&Q) BY RIDZHIT, 
 d. Commitment to Supply, e. Commercial Invoice, 

4. Upon the receipt of the Partial POP Documents as advised above, the Buyer’s Bank issues an 
Irrevocable, Non Transferable, Confirmed, DLC, MT799/MT700, BG, SBLC, TT, MT103, - Verbiage 
“Appendix A” in favor of the Seller as guarantee of payment for Good supplied, covering the one-month 
delivery as per the Commercial Invoice. Nothing in the PPOP documents constitutes there is any oil in the Seller's tank, DO NOT put up any financial instruments unless you have SGS or like verify the fuel in Seller's tank first.

#9  BANK INSTRUMENTS PRIOR TO FUEL VERIFICATION

2. Seller issues (CI) Commercial Invoice for Buyer’s Signature. Buyer provide his BCLNever put up any bank instrument prior to verifying the fuel in Seller's tanks no matter what Seller says.


3. Buyer signs CI and returns to seller alongside with his BCL. Seller verify buyer BCL, upon satisfaction Seller immediately signed final CI back to the buyer.

#10  SIGNING SPA BEFORE VERIFYING FUEL 

3. On receipt of Buyer's ICPO Seller issues Draft/Contract, SPA Seller wants the Buyer to sign a contract in the beginning of the Procedures, however Buyer has not verified there is any fuel that he is signing a multi-million dollar contract for.  As the Buyer, never sign a contract for fuel or anything until you have physically seen the product, walk away from the sale.

#11  SCAMS PERPETRATED BY TANK FARMS 

Buyer will be responsible for the TANK CLEARANCE and DIP TEST PERMISSION ARREARS Seller wants the Buyer to pay for the "TANK CLEARANCE" This is a scam set up between the tank farms and the refinery. Never pay this fee, always terminate the sale if it magically appears or as in this case it is written in, NEVER BUY A SALE WITH THIS WRITTEN INTO THE PROCEDURES.

#12  NOR, ATV, DTA and CIs SIGNED  BY TANK FARMS 

EXAMPLE A

The NOR, ATV and DTA when required to have your tank farm sign off on them will require you, the Buyer to pay for your TSR first, be aware of this and unless you are prepared to pay for your TSR prior to verifying the fuel in the Suppliers tank DO NOT PURCHASE the sale. As for the CI, (Commercial Invoice) there is no reason to have you tank farm sign on the CI, it will again require you to purchase your TSR, so, NEVER ALLOW ANY OTHER PARTY SIGN your CI they have no reason to sign a document that is between the Supplier and the Buyer.

EXAMPLE B

3. Within 48 Hours of the signed back of the C.I and Letter of confirmation acceptance, the seller will issue to the BUYER below document for final execution of this deal to be finalized by the BUYER for DIPTEST to commence.


(A)- Authorization to Sell and Collect (ATSC) 
(B)- Un-conditional DTA to the BUYER for Inspection to take place with the SGS official only upon the User-login is activated by the BUYER for Dip test Inspection to commence 
(C)- Injection Report - Which is Trackable / Confirmable / and trace-able.

(D)- TSR (Tank Storage Receipt)
(E)-
DTA activation Invoice for the User-login activation for fresh SGS Report to BUYER

This is what the Suppler sent to me;

Following to your mail, the DTA activation fee depends on the product Quantity.

As regards to the activation fee to be paid for;

 

50,000 bbls Jet fuel on Rotterdam?  = $ 25,000 USD
1,000,000 bbls Jet fuel on Rotterdam?  = $ 40,000 USD 
2,000,000 bbls Jet fuel on Rotterdam?  = $ 60,000 USD 


which will allow the access login for the Buyer to have the copy of the SGS and all document concerning 
to this product and also, you will be able to schedule your DIPTEST anytime, any-day by your yourself upon the login user activation for your DTA is finalized.

We count on your maximum co-operation, 

 

#13  PROCEDURES THAT REQUEST SGS INFORMATION ON THE PERSONNEL  

THE FOLLOWING IS VERBATIM FROM SGS

 

How SGS can help: The following is procedures for an oil sale and I am concerned about number 2. Will you give out all that information requested in number 2? If you will not then I will pass on this allocation.

1. Buyer submits ICPO along with TSA and ATVl.

2. Supplier releases the Commercial invoice with DTA application form for the buyer to enter product inspection protocol required information. The DTA Application Form to be filled by the Buyer with the Buyer's SGS or Intertek Inspection Company details, (Name of inspection officer, contact number & email address) along with Buyer's Inspection Company Reference Number & ID Number.

3. Upon receipt of Executed CI and DTA, Supplier release the DTA_UNCONDITIONAL

4. Buyer performs and confirms DIP TEST result with letter of Q&Q acceptance.

5. Supplier release Act of Transfer for Buyer product payment.

6. Buyer provides TSR.

7. On payment receipt, Seller release Title Transfer Ownership Certificate and all other export documents as will be required.

NOTE: No Upfront Payments under this transaction

FROM SGS: 

Mr. Kurka;

 

Thank you for your enquiry. However, the text includes terms that are known red flags for fraudulent transactions. Our legal and risk management departments have identified such proposed transactions as being fraudulent in nature.

As you ca see when this language appears in the procedures as above there are red flags for fraud, this is the first time I have seen this in the procedures so I caution you on this.

EXHIBITS

Email from Port Authority, Rotterdam

 

Good afternoon ,

Port Clearance Certificate is not a requirement in the Port of Rotterdam.

Met vriendelijke groet

ACM van Oudheusden (Marco)

Haven Coördinatie Centrum

Havenbedrijf Rotterdam N.V.

 

T +31 (0)10 252 1000

F +31 (0)10 252 1600

E hcc@portofrotterdam.com

 

World Port Center

Postbus 6622

3002 AP  Rotterdam

www.portofrotterdam.com

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