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BIODATA - NIK ZAFRI


 



NIK ZAFRI BIN ABDUL MAJID,
CONSULTANT/TRAINER
Email: nikzafri@yahoo.com, nikzafri@gmail.com
https://nikzafri.wixsite.com/nikzafri

Kelantanese, Alumni of Sultan Ismail College Kelantan (SICA), IT Competency Cert, Certified Written English Professional US. Has participated in many seminars/conferences (local/ international) in the capacity of trainer/lecturer and participant.

Affiliations :- Network Member of Gerson Lehrman Group, Institute of Quality Malaysia, Auditor ISO 9000 IRCAUK, Auditor OHSMS (SIRIM and STS) /EMS ISO 14000 and Construction Quality Assessment System CONQUAS, CIDB (Now BCA) Singapore),

* Possesses almost 30 years of experience/hands-on in the multi-modern management & technical disciplines (systems & methodologies) such as Knowledge Management (Hi-Impact Management/ICT Solutions), Quality (TQM/ISO), Safety Health Environment, Civil & Building (Construction), Manufacturing, Motivation & Team Building, HR, Marketing/Branding, Business Process Reengineering, Economy/Stock Market, Contracts/Project Management, Finance & Banking, etc. He was employed to international bluechips involving in national/international megaprojects such as Balfour Beatty Construction/Knight Piesold & Partners UK, MMI Insurance Group Australia, Hazama Corporation (Hazamagumi) Japan (with Mitsubishi Corporation, JA Jones US, MMCE and Ho-Hup) and Sunway Construction Berhad (The Sunway Group of Companies). Among major projects undertaken : Pergau Hydro Electric Project, KLCC Petronas Twin Towers, LRT Tunnelling, KLIA, Petronas Refineries Melaka, Putrajaya Government Complex, Sistem Lingkaran Lebuhraya Kajang (SILK), Mex Highway, KLIA1, KLIA2 etc. Once serviced SMPD Management Consultants as Associate Consultant cum Lecturer for Diploma in Management, Institute of Supervisory Management UK/SMPD JV. Currently – Associate/Visiting Consultants/Facilitators, Advisors for leading consulting firms (local and international) including project management. To name a few – Noma SWO Consult, Amiosh Resources, Timur West Consultant Sdn. Bhd., TIJ Consultants Group (Malaysia and Singapore) and many others.

* Ex-Resident Weekly Columnist of Utusan Malaysia (1995-1998) and have produced more than 100 articles related to ISO-9000– Management System and Documentation Models, TQM Strategic Management, Occupational Safety and Health (now OHSAS 18000) and Environmental Management Systems ISO 14000. His write-ups/experience has assisted many students/researchers alike in module developments based on competency or academics and completion of many theses. Once commended by the then Chief Secretary to the Government of Malaysia for his diligence in promoting and training the civil services (government sector) based on “Total Quality Management and Quality Management System ISO-9000 in Malaysian Civil Service – Paradigm Shift Scalar for Assessment System”

Among Nik Zafri’s clients : Adabi Consumer Industries Sdn. Bhd, (MRP II, Accounts/Credit Control) The HQ of Royal Customs and Excise Malaysia (ISO 9000), Veterinary Services Dept. Negeri Sembilan (ISO 9000), The Institution of Engineers Malaysia (Aspects of Project Management – KLCC construction), Corporate HQ of RHB (Peter Drucker's MBO/KRA), NEC Semiconductor - Klang Selangor (Productivity Management), Prime Minister’s Department Malaysia (ISO 9000), State Secretarial Office Negeri Sembilan (ISO 9000), Hidrological Department KL (ISO 9000), Asahi Kluang Johor(System Audit, Management/Supervisory Development), Tunku Mahmood (2) Primary School Kluang Johor (ISO 9000), Consortium PANZANA (HSSE 3rd Party Audit), Lecturer for Information Technology Training Centre (ITTC) – Authorised Training Center (ATC) – University of Technology Malaysia (UTM) Kluang Branch Johor, Kluang General Hospital Johor (Management/Supervision Development, Office Technology/Administration, ISO 9000 & Construction Management), Kahang Timur Secondary School Johor (ISO 9000), Sultan Abdul Jalil Secondary School Kluang Johor (Islamic Motivation and Team Building), Guocera Tiles Industries Kluang Johor (EMS ISO 14000), MNE Construction (M) Sdn. Bhd. Kota Tinggi Johor (ISO 9000 – Construction), UITM Shah Alam Selangor (Knowledge Management/Knowledge Based Economy /TQM), Telesystem Electronics/Digico Cable(ODM/OEM for Astro – ISO 9000), Sungai Long Industries Sdn. Bhd. (Bina Puri Group) - ISO 9000 Construction), Secura Security Printing Sdn. Bhd,(ISO 9000 – Security Printing) ROTOL AMS Bumi Sdn. Bhd & ROTOL Architectural Services Sdn. Bhd. (ROTOL Group) – ISO 9000 –Architecture, Bond M & E (KL) Sdn. Bhd. (ISO 9000 – Construction/M & E), Skyline Telco (M) Sdn. Bhd. (Knowledge Management),Technochase Sdn. Bhd JB (ISO 9000 – Construction), Institut Kefahaman Islam Malaysia (IKIM – ISO 9000 & Internal Audit Refresher), Shinryo/Steamline Consortium (Petronas/OGP Power Co-Generation Plant Melaka – Construction Management and Safety, Health, Environment), Hospital Universiti Kebangsaan Malaysia (Negotiation Skills), Association for Retired Intelligence Operatives of Malaysia (Cyber Security – Arpa/NSFUsenet, Cobit, Till, ISO/IEC ISMS 27000 for Law/Enforcement/Military), T.Yamaichi Corp. (M) Sdn. Bhd. (EMS ISO 14000) LSB Manufacturing Solutions Sdn. Bhd., (Lean Scoreboard (including a full development of System-Software-Application - MSC Malaysia & Six Sigma) PJZ Marine Services Sdn. Bhd., (Safety Management Systems and Internal Audit based on International Marine Organization Standards) UNITAR/UNTEC (Degree in Accountacy – Career Path/Roadmap) Cobrain Holdings Sdn. Bhd.(Managing Construction Safety & Health), Speaker for International Finance & Management Strategy (Closed Conference), Pembinaan Jaya Zira Sdn. Bhd. (ISO 9001:2008-Internal Audit for Construction Industry & Overview of version 2015), Straits Consulting Engineers Sdn. Bhd. (Full Integrated Management System – ISO 9000, OHSAS 18000 (ISO 45000) and EMS ISO 14000 for Civil/Structural/Geotechnical Consulting), Malaysia Management & Science University (MSU – (Managing Business in an Organization), Innoseven Sdn. Bhd. (KVMRT Line 1 MSPR8 – Awareness and Internal Audit (Construction), ISO 9001:2008 and 2015 overview for the Construction Industry), Kemakmuran Sdn. Bhd. (KVMRT Line 1 - Signages/Wayfinding - Project Quality Plan and Construction Method Statement ), Lembaga Tabung Haji - Flood ERP, WNA Consultants - DID/JPS -Flood Risk Assessment and Management Plan - Prelim, Conceptual Design, Interim and Final Report etc., Tunnel Fire Safety - Fire Risk Assessment Report - Design Fire Scenario), Safety, Health and Environmental Management Plans leading construction/property companies/corporations in Malaysia, Timur West Consultant : Business Methodology and System, Information Security Management Systems (ISMS) ISO/IEC 27001:2013 for Majlis Bandaraya Petaling Jaya ISMS/Audit/Risk/ITP Technical Team, MPDT Capital Berhad - ISO 9001: 2015 - Consultancy, Construction, Project Rehabilitation, Desalination (first one in Malaysia to receive certification on trades such as Reverse Osmosis Seawater Desalination and Project Recovery/Rehabilitation)

* Has appeared for 10 consecutive series in “Good Morning Malaysia RTM TV1’ Corporate Talk Segment discussing on ISO 9000/14000 in various industries. For ICT, his inputs garnered from his expertise have successfully led to development of work-process e-enabling systems in the environments of intranet, portal and interactive web design especially for the construction and manufacturing. Some of the end products have won various competitions of innovativeness, quality, continual-improvements and construction industry award at national level. He has also in advisory capacity – involved in development and moderation of websites, portals and e-profiles for mainly corporate and private sectors, public figures etc. He is also one of the recipients for MOSTE Innovation for RFID use in Electronic Toll Collection in Malaysia.

Note :


TO SEE ALL ARTICLES

ON THE"LABEL" SECTION BELOW (RIGHT SIDE COLUMN), YOU CAN CLICK ON ANY TAG - TO READ ALL ARTICLES ACCORDING TO ITS CATEGORY (E.G. LABEL : CONSTRUCTION) OR GO TO THE VERY END OF THIS BLOG AND CLICK "Older Posts"


 

Tuesday, July 10, 2012



NEW PRESIDENT OF THE WORLD BANK

Dr. Jim Yong Kim is the 12th president of the World Bank Group. He is chairman of the Bank’s Board of Executive Directors and president of a group of five interrelated organizations:

* The International Bank for Reconstruction and Development (IBRD)

* International Development Association (IDA)

* International Finance Corporation (IFC)

* Multilateral Investment Guarantee Agency (MIGA)

* International Centre for Settlement of Investment Disputes (ICSID).

(ICSID operates as a secretariat whose secretary-general is selected by its governing Administrative Council every six years. The World Bank Group president is chairman of the Administrative Council.)

The Executive Vice Presidents of IFC and MIGA report to the President of the World Bank Group.

-------------------------------------------------------

Jim Yong Kim, M.D., Ph.D., became the 12th President of the World Bank Group on July 1, 2012.

A physician and anthropologist, Dr. Kim has dedicated himself to international development for more than two decades, helping to improve the lives of under-served populations worldwide. Dr. Kim comes to the Bank after serving as President of Dartmouth College, a pre-eminent center of higher education that consistently ranks among the top academic institutions in the United States. Dr. Kim is a co-founder of Partners In Health (PIH) and a former director of the HIV/AIDS Department at the World Health Organization (WHO).

As President of Dartmouth – an institution that comprises a liberal arts college and professional schools of medicine, engineering and business, as well as 19 graduate programs in the arts and sciences, a staff and faculty of 3,300, and a budget of $700 million – Dr. Kim earned praise for reducing a financial deficit without cutting any academic programs. Dr. Kim also founded the Dartmouth Center for Health Care Delivery Science, a multidisciplinary institute dedicated to developing new models of health care delivery and achieving better health outcomes at lower costs.

Before assuming the Dartmouth presidency, Dr. Kim held professorships and chaired departments at Harvard Medical School, the Harvard School of Public Health and Brigham and Women’s Hospital, Boston. He also served as director of Harvard’s François-Xavier Bagnoud Center for Health and Human Rights.

In 1987, Dr. Kim co-founded Partners In Health, a Boston-based non-profit organization now working in poor communities on 4 continents. Challenging previous conventional wisdom that drug-resistant tuberculosis and HIV/AIDS could not be treated in developing countries, PIH successfully tackled these diseases by integrating large-scale treatment programs into community-based primary care.

As Director of the World Health Organization’s HIV/AIDS Department, Dr. Kim led the ‘3 by 5’ initiative, the first-ever global goal for AIDS treatment, which sought to treat 3 million new HIV/AIDS patients in developing countries with antiretroviral drugs by 2005. Launched in September 2003, the ambitious program ultimately reached its goal by 2007.

Dr. Kim’s work has earned him wide recognition. He was awarded a MacArthur “Genius” Fellowship (2003), was named one of America’s “25 Best Leaders” by U.S. News & World Report (2005), and was selected as one of TIME magazine’s “100 Most Influential People in the World” (2006).

Born in 1959 in Seoul, South Korea, Dr. Kim moved with his family to the United States at the age of five and grew up in Muscatine, Iowa. Dr. Kim graduated with an A.B. magna cum laude from Brown University in 1982. He earned an M.D. from Harvard Medical School in 1991 and a Ph.D. in anthropology from Harvard University in 1993.

He is married to Dr. Younsook Lim, a pediatrician. The couple has two young sons.

-------------------------------

New World Bank president pledges support for poor

Associated Press, Washington | World | Tue, July 03 2012, 7:57 AM

Korean-American Jim Yong Kim has begun his new job as president of the World Bank, promising to immediately focus on helping poor countries navigate a fragile global economy.

Kim tells reporters the 187-nation development agency is in a strong financial position to help poor countries respond to slowing growth and uncertainty from the debt crisis in Europe.

Kim was a surprise nominee of President Barack Obama. He succeeds Robert Zoellick.

Barack Obama (R) makes a point about Dartmouth College president Jim Yong Kim (L) as he introduces him as his nominee to be the next president of the World Bank, during an announcement in the Rose Garden at the White House in Washington, March 23, 2012. (Pic : Jonathan Ernst / Reuters)

Developing nations waged an unsuccessful challenge to Kim, a physician and pioneer in treating HIV/AIDS and tuberculosis in the developing world. They think the U.S. should not automatically get to decide who leads the organization.

Kim says he will discuss with the board issues raised by developing countries about the institution's structure.

-----------------------------

"We recognize that for the first time in the history of the World Bank there was an open process for the selection of the President that involved a debate on the priorities and the future of the institution.Future selection processes must build on this process, but must be transparent and truly merit-based." (G24 Group/Communique)

Tuesday, June 05, 2012

AMALAN PENGURUSAN DAN PERNIAGAAN ISLAM YANG TERBAIK
(Panduan Keusahawanan Khalaf)

Baru-baru ini ada permintaan dari beberapa penerbit di Malaysia yang telah menghubungi saya setelah melihat manuskrip yang pertama dan telah menyuarakan hasrat meminta saya menulis buku yang telah lama saya pendam pengeluarannya iaitu mengenai amalan pengurusan dan perniagaan Islam terbaik (best Islamic Management and Business Services) pada zaman (khalaf) ini.

Walaupun telah banyak bahan yang dipaparkan mengenai topik yang sama, namun terdapat perbezaan ketara dalam apa yang bakal saya keluarkan nanti.Buku atau panduan ini dijangka akan menjadi petunjuk alternatif yang juga dapat diharmonikan dengan semua standard/piawaian halal dan pengurusan Islam termasuk perbankan Islam di Malaysia.

Berikut adalah petikan dari muka hadapan buku berkenaan yang ditulis bersama oleh Encik Md Sukri :


DARI MEJA PENGARANG

Alhamdulillah, setelah menjalankan kajian lebih dua dekad, akhirnya terhasil juga buku ini sebagai salah satu wadah perjuangan kami untuk mencapai hasrat menjana ekonomi ummah pada zaman khalaf.

Kini umat Melayu Islam sedunia hari ini masih mencari-cari satu kaedah pengurusan dan perniagaan Islamik untuk disesuaikan pada zaman khalaf.

Penggunaan perkataan "Islamik" menggambarkan bahawa isi kandungan ciri-ciri ini telah diterapkan dengan nilai-nilai Islam.

Ini berlaku kerana terlalu banyak input dari pelbagai kajian Islamik yang perlu diproses namun, untuk menganalisa data-data yang banyak ini bagi tujuan mengaturnya kembali bagi memudahkan kefahaman bukanlah semudah yang disangkakan.

Pesanan kami kepada pembaca terutamanya mereka dari kalangan professional dan kakitangan pelbagai industri termasuk perkhidmatan awam; dalam membaca buku ini; tentunya tuan/puan akan terlihat unsur-unsur yang mirip kepada piawaian ISO 9000 dan lain-lain piawaian antarabangsa.

Walaupun demikian, untuk pengetahuan pembaca :

a. Pendekatan buku ini akan mengikut proses perniagaan (di mana poin perniagaan biasanya bermula secara tipikal) dan boleh terus disesuaikan dengan apa juga jenis organisasi.

Sidang pengarang juga telah memberikan contoh-contoh dan istilah-istilah yang mudah difahami dalam setiap ciri-ciri yang dipaparkan,

Manakala piawaian ISO pendekatannya berbentuk elemen yang sekurang-kurangnya perlu diatur kembali mengikut kesesuaian proses/operasi dan tiada contoh-contoh konkrit diberikan.

b. Buku ini bukan bertujuan untuk mencapai sebarang persijilan seperti ISO ianya hanyalah panduan yang mengandungi ciri-ciri Islamik – ianya boleh disesuaikan kepada apa juga bentuk organisasi malah boleh dijadikan prinsip secara individu,

c. Walaubagaimanapun, rujuksilang tetap dilakukan kepada dokumentasi ISO, pelbagai piawaian halal dan pengurusan Islam yang lain untuk memudahkan kefahaman,

d. Buku ini tidak akan menjadi satu tindanan (overlapping) kepada mana-mana piawaian ISO, ianya hanyalah satu pilihan kepada pembaca dan pengamal pengurusan perniagaan Islam.

Tetapi sekiranya ada pihak yang berminat untuk meningkatkan taraf buku ini kepada piawaian, sidang pengarang sentiasa bersedia untuk berbincang secara lanjut.

Adalah diharapkan buku ini akan mendapat keredhaan dan rahmat Allah SWT supaya isi kandungannya dapat dilaksanakan paling hampir dengan kehendak syarak di zaman penuh mencabar ini.

Juga nawaitu kami ialah untuk mengkayakan lagi khazanah keilmuan Islamik dan dapat diharmonikan dengan sistem yang sediada seperti perbankan dan kewangan Islam, sistem perakaunan/pengauditan berorientasikan Islam, pelaburan Islam, piawaian halal, piawaian pengurusan Islam yang lain dan sebagainya.

Setelah buku ini dicetak, sidang pengarang dijangka; InsyaAllah; akan mengadakan siri-siri bengkel dan latihan serta perundingan dengan kerjasama agensi-agensi yang berkaitan. InsyaAllah, buku ini bukanlah buku yang terakhir bagi kami, akan ada lagi siri-siri komplimentari (siri-siri mini) yang akan dikeluarkan dalam tempoh yang terdekat.

Wassalam

SIDANG PENGARANG

NIK ZAFRI BIN ABDUL MAJID

MUHAMMAD SUKRI BIN YAHYA


Antara kandungan buku (ciri-ciri utama) ini ialah :

1.0 PEMASARAN- R & D, Tinjauan Pemasaran, Periklanan dan Promosi berkonsepkan ta'sir, qimah, tanpa unsur ihtikar dan gharar serta mengambilkira :

i) MS 1500:2009 (M), Makanan halal -Pengeluaran, penyediaan, pengendalian dan penyimpanan -Garis panduan umum (Semakan kedua)

ii). MS 2200:Part 1:2008, Islamic Consumer Goods -Part1: Cosmetic and Personal Care -General Guidelines

iii). MS 2400-1:2010, Halalan-Toyyiban Assurance Pipeline -Management system requirements for transportation of goods and/or cargo chain services

iv). MS 2400-2:2010, Halalan-Toyyiban Assurance Pipeline -Management system requirements for warehousing and related activities

v). MS 2400-3:2010, Halalan-Toyyiban Assurance Pipeline -Management system requirements for retailing

vi). Piawaian dan Panduan bersabit dengan GMP dan HACCP di mana berkaitan

vii) MS1900:2005 Quality Management System - Requirement From Islamic Perspectives

Jenis-jenis produk/industri spt. dharuriyah, hajiyah dan tahsiniah.

2.0 PEMBELIAN DAN PENGURUSAN HARTA - yang memaparkan konsep at-thaman, rundingan, sewaan, spesifikasi, jumlah/mutu, sampel, perlantikan pembekal, sistem kawalan kredit bai-muajjal, qa/qc, pengurusan harta alih & tidak alih, rekod, jaminan bank dari bank/kewangan Islamik, atau Bon (sukuk) dsb.

Ianya juga mengambilkira kesesuaian organisasi menggunakan - PO/Kontrak berdasarkan musamma, al-bay (barter trade/kontra), ijarah, jualan, kafalah, qard (kolateral, wang tahanan dsb) - qimi, hibah, wasiyyah/hawalah, iqalah, wadiah, muzaraah, rahn, suftajah (cek kembara), muatah (spt. memakai vending machine), umra/iarah, amanah, thunya, Tawliah, Wadhiah, Isyrak dan Murabahah dan al-inah

3.0 PERANCANGAN - yang memaparkan sumber dan prasarana, tanggungjawab pengurusan, perlantikan wakil syariah atau panel syariah, perancangan/pengurusan sumber manusia, dokumentasi dan rekod.Ianya juga mengambilkira - takhtit, tanzin dan KPI/KRA/MBO


(Dalam ciri-ciri Sumber dan Prasarana ada menyentuh mengenai kepentingan sistem perakaunan mengikut :

'Pernyataan Prinsip Sistem Perakaunan Islam' keluaran Lembaga Piawaian Perakaunan Malaysia (MASB. Selain itu kepentingan terdapatnya 'musolla' dalam sesebuah organisasi yang ingin mengamalkan panduan ini)


4.0 OPERASI - yang memaparkan perkara-perkara am, kemudahkesanan, penstoran, aturan barangan, kawalan peralatan ukuran, penilaian -pemeriksaan/penilaian berkala, pengredan 'patuh syariah', tatacara nilaian, ketidakpatuhan - azimah & rukhsah, penilaian susulan, penyediaan senarai ketidakpatuhan.

Konsep Penilaian adalah berdasarkan Wiqayah :

I. tandaras kejayaan – asas pencapaian matlamat organisasi

II. penjamin kelicinan operasi – tandaras ukuran dan penentuan kelicinan operasi di samping berorientasikan motivasi ke arah kejayaan.

III. Proaktif – mewujudkan dan menjangka langkah-langkah pencegahan masalah berdasarkan pengalaman, kemahiran, syor yang bernas dan lain-lain.

IV. menjalankan penilaian tanpa tujuan untuk mencari kesalahan sebaliknya sama-sama untuk mencari langkah-langkah penambahbaikan dan dijalankan dalam bentuk tidak menjatuhkan maruah seseorang.

5.0 PENAMBAHBAIKAN - yang memaparkan mesyuarat semakan semula

6.0 PELANGGAN

Buku dan panduan ini juga akan memaparkan contoh model pengurusan Islamik dengan contoh cartalir.

NANTIKANLAH KEDATANGANNYA!!

Saturday, May 26, 2012

SHOULD METHOD STATEMENT & JSA BE INTEGRATED? - NIK ZAFRI

A note to the Malaysian Construction Industry

(Click to enlarge)

Question : Salams and greetings Nick. In some countries, construction industry integrates the Job Method Statement and Job Safety Analysis. I also know that some countries do not incorporate them together. Should JMS and JSA be integrated?
Answer
Thank you for query. In Malaysia, I know many construction companies do not mix Method Statement and Job Safety Analysis. Strange it might seems, but there is always a rationale behind it.

From what I gather, it is commonly due to the foll...owing scenario :

Element : Preventive Action - (prevention of occurence) - not corrective action or correction.

The company is heading towards certifications of OHSAS 18000 and ISO 9000. The funny thing about Malaysia is that despite some construction companies attempt to integrate (even with EMS ISO 14000) some certification bodies still consider them as two or three separate system.

If there is a certification audit being conducted..say if the company is going for ISO 9000, the certification auditors will only focus on the ISO 9000. I seldom heard that they do an integrated audit (perhaps if coincidentally they want both systems to be audited)

(I do not wish to touch on why OHSAS is not being given the title ISO in front of the numbers - let the certification and accreditation bodies figure them out - although I do know the reason)

If you ask me, logically speaking BOTH JSA and Method Statement should be integrated. Quality and Safety are brothers.

If there is a quality issue, say major defects which deserve a major non-conformance, then major defects is a safety issue as well...e.g. structural integrity.

If the defect product is not being labelled properly and not been separated from the good ones, then, not only it becomes a quality issue but it is also a safety issue.

(external quality costs - is about failure of the product being accidentally delivered to the client - and definitely if the product is defective and cause great trouble to the client, it becomes a safety issue and the manufacturer or the contractor are still liable)

Now back to the JSA, here's how :

1. A Method Statement is a construction methodology which entails resources, area concerned and method of construction (some refer back to a certain trades of codes of practice) - in the manufacturing industry, it is known as Standard Operating Procedures or the closest one is Work Instruction (how to do things)

2. A JSA will determine the risk associated with such construction activity.

Thus, JSA should make reference to the Method Statement.

For example :

Method Statement for the construction of Box Culvert (just quoting an example)

It definitely will entail at least the following methods :

How to Backfill around culverts, How to do proper backfill excavations, equipment delivery, form covers/walls, formwork - footings & bottom etc. etc.

Let's take Backfill around culverts from the same Method Statement - what are the risks associated with this activity?

Employee Injury ( Falling Loads, Excavation Hazards, Equipment Operations, Etc.)

So what would be the likely preventive action?

Employee training in backfill safety procedures, Qualified equipment operators, No employees allowed under the loads, Good supervision of employees in excavation, Excavation protection as required by the depth of the excavation.

So now based on my explanation here, you tell me, should JSA be integrated with Method Statement?

My answer would be YES!

Friday, May 25, 2012

FACEBOOK - NOT A DISASTER, JUST A TALE OF OLD FASHIONED GREED

Globalist Analysis > Global Markets
Facebook — Not a Disaster, Just a Tale of Old-Fashioned Greed  
By Beat J. Guldimann | Friday, May 25, 2012

A week ago, Facebook became a publicly traded company on the NASDAQ stock exchange — putting a valuation of $17 billion on its founder's ownership stake. Since then, Facebook's stock price has been sinking, leading Beat Guldimann to question why it was ever so high in the first place. Could old-fashioned greed have been a factor?

Photo credit: Lev Radin/Shutterstock.com

Mark Zuckerberg has finally done it. Facebook went public in an initial public offering (IPO) that valued the company at over one hundred times earnings at an initial offering price that was hiked in the last hours of the deal going live. This allowed Zuckerberg and other key shareholders of Facebook Inc. to squeeze a few more dollars out of an eager public thirsty for new issues in a dry market.


_________________________________________________

  Companies don't go public in order to make those
who buy their stock rich. IPOs happen for a lot of
reasons, none of which are altruistic.

_________________________________________________

Only a few days after the stock traded for the first time, the party seems to be over. Instead of rising and allowing some lucky speculators to make a quick buck, Facebook lost a quarter of its value.

Everybody is up in arms. There are the scandalized who are crying fraud and the told-you-so's basking in schadenfreude. Meanwhile, the media is labeling the Facebook IPO an epic failure — even a disaster.

Nobody can deny that the Facebook IPO is a bit of a failure. The stock was supposed to soar in the first few days of trading so that a lot of early investors could get paid for taking the risk. At least, that's what the investment bankers' playbook says.

However, the 25% pullback out of the gates is no disaster. To the contrary, it demonstrates that markets will see things for what they are. In the case of Facebook, markets were quick to recognize that the company was simply too expensive. And they did what markets are supposed to do — correct inefficient pricing.

The story of Facebook going to town is a tale of greed, nothing more and nothing less. Companies don't go public with the objective of making those who buy their stock rich. IPOs happen for all sorts of reasons, none of which are altruistic. Let's look at a few:

First off, there is Mark Zuckerberg, Facebook's founder and its controlling force. Ever since he took Facebook outside of Harvard, his story has been an amazing success. He became one of the wealthiest twenty-somethings on the planet by transforming the way people use social media.

His problem, however, was that the lion's share of the billions he created in personal wealth was tied up in the company. Zuckerberg's motivation for the IPO was to create liquidity and take some money off the table. Selling shares to the public gives him a lot of cash and allows him to reduce the concentration of investment risk associated with his brainchild.

_________________________________________________

shareholders are watching the value of their
investment drop, while Zuckerberg counts his coins
like Scrooge.

_________________________________________________


There is nothing wrong with this motivation per se. The problem is in setting the issuing price at an unreasonably high level, which hurt the buying public that paid Zuckerberg too much for his stock. Shareholders are watching the value of their investment drop, while Zuckerberg counts his coins like Scrooge.

Yes, we understand that Zuckerberg is still a shareholder in Facebook. As such, he too suffers from the decline in market value. The difference, however, is that he did not have to pay an arbitrarily high price for being part of the ride. Even if Facebook were to lose half its value, he would still be ahead.

Landing the elusive blockbuster deal

Second, we need to look at the investment banks. Morgan Stanley, Goldman Sachs and JPMorgan Chase led the syndicate that allowed Zuckerberg to transform his privately-held company into liquid money.
Their motivation was simple. Contrary to what Goldman CEO Lloyd Blankfein famously said in November 2009, investment banks are not doing God's work. They exist to create profits for their firms and opportunities for their bankers to earn a living and get paid bonuses.

Adding value to the economy or making future Facebook shareholders happy did not drive the Facebook syndicate. The main driving force for them was to land the elusive blockbuster deal in a dried-up new issues environment and bring in millions in fees that could be generously shared with a few lucky investment bankers in the form of outsized bonuses. It really is that simple.

Again, there would be nothing intrinsically wrong with any of this, had the syndicate not enabled the IPO to be priced at an unsustainable level. Arguably, if the investment bankers had done their job properly, they would have recognized that the issuing price was beyond reason and advised Facebook to go public at a more modest valuation.


They should also have disclosed their earnings warnings in a much more timely manner, possibly delaying the IPO altogether, as they realized that their assumptions were not supported by the reality of Facebook's latest numbers and forecasts.

_________________________________________________

Whether or not IPOs enable future growth of the
company now owned by the public is,
for the most part, just a side benefit.

_________________________________________________


The problem is that doing so would likely have meant lower revenues for the banks, or at least delayed gratification for those working on the deal. But moderation is not an area in which Wall Street bankers traditionally show too much strength. After all, Tom Wolfe refers to them as self-declared "masters of the universe" in his 1987 novel The Bonfire of the Vanities.

And let's not forget the brokerage community. Investment advisors (or should we just call them stockbrokers?) have been waiting for a deal like this one for a long time. They always have a number of key clients that are hungry for an IPO in the hopes of doubling their money quickly.

The benefit for the brokers lies in the elevated commissions that are typically associated with initial offerings. Is it any wonder then that they try to sell Facebook to their clients even at an unreasonable price?

What this short analysis leaves us with is the realization that IPOs such as the one we have just witnessed here have one driver. They satisfy the greed of company owners, investment bankers and stockbrokers first and foremost. Whether or not they enable future growth of the company now owned by the public is, for the most part, just a side benefit.

The single most important thing that the investing public needs to recognize in all deals like this one is that their interests and expectations are not usually aligned with the interests of those involved in bringing the stock to market and selling the IPO. Which really just brings us back to the tried and tested principle of "buyers beware."

Friday, May 18, 2012

Europe's New Normal - It's Here, It's Unclear, Get Used to It

An article by R. DANIEL KELEMEN

The eurozone's troubles no longer qualify as a crisis, an unstable situation that could either quickly improve or take a dramatic turn for the worse. They are, instead, a new normal -- a painful situation, to be sure, but one that will last for years to come. Citizens, investors, and policymakers should let go of the idea that there is some magic bullet that could quickly kill off Europe's ailments. By the same token, despite the real possibility of Greek exit, the eurozone is not on the brink of collapse. The European Union and its common currency will hold together, but the road to recovery will be long.

It has been nearly two and a half years since the incoming socialist government in Greece revealed the extent to which its predecessor had accumulated debt, precipitating an economic storm that has left slashed budgets, collapsed governments, and record unemployment in its wake. With each dramatic turn, observers have anticipated the story's denouement. But again and again, a definitive resolution -- either a policy fix or a total collapse -- has failed to emerge.

The truth is that there are no quick escapes from the eurozone's predicament. Divorce is no solution. Although some economists suggest that struggling countries on the periphery could leave the euro and return to a national currency in order to regain competitiveness and restore growth, no country would willingly leave the eurozone; doing so would amount to economic suicide. Its financial system would collapse, and ensuing bank runs and riots would make today's social unrest seem quaint by comparison. What is more, even after a partial default, the country's government and financial firms would still be burdened by debt denominated largely in euros. As the value of the new national currency plummeted, the debt would become unbearable, and the government, now outside the club, would not be able to turn to the eurozone for help.

------------------------------------------------------------------------------------------------

The eurozone has, at least in practice, done away with its founding documents

-------------------------------------------------------------------------------------------------

Some economists go further and argue that countries on Europe's periphery could thrive outside the euro straitjacket. This is equally unconvincing. Southern European countries' economies suffer from deep structural problems that predate the euro.  Spanish unemployment rates fluctuated between 15 and 22 percent throughout most of the 1990s; Greece has been in default for nearly half of its history as an independent state. These countries are far more likely to tackle their underlying problems and thrive inside the eurozone than outside it.

Others have suggested that Germany and other core countries -- weary of funding endless bailouts -- might abandon the euro. That is even less plausible. Germany has been the greatest beneficiary of European integration and the common currency. Forty percent of German exports go to eurozone countries, and the common currency has reduced transaction costs and boosted German growth. An unraveling of the eurozone would devastate German banks, and any new German currency would appreciate rapidly, damaging the country's export-led economic model.

A number of policy reforms may improve economic conditions in the eurozone, but none offers a panacea. Eurobonds, increased investment in struggling economies through the European Investment Bank and other funds, stricter regulations of banks, a common deposit insurance system, a shift from budget cuts to structural reforms that enhance productivity and encourage private-sector job creation -- all of these could improve Europe's economic situation and should be implemented.

But none of these measures would quickly restore growth or bring employment back to pre-crisis levels. That is because they do not address Europe's central economic problem: the massive debt accumulated by the periphery countries during last decade's credit boom. The 2000s saw a tremendous amount of capital flow from the northern European countries to private- and public-sector borrowers in Greece, Ireland, Portugal, and Spain. Germany and other countries with current account surpluses flooded the periphery with easy credit, and the periphery gobbled it up. This boosted domestic demand and generated growth in the periphery but also encouraged wage inflation that undermined competitiveness and left massive debt behind. As the economists Carmen Reinhart and Kenneth Rogoff have pointed out, when countries suffer a recession caused by a financial crisis and debt overhang, they take many years to recover.

With both breakup and immediate solutions off the table, then, the eurozone is settling into a new normal. As the union slowly digs itself out of the economic pit, it is important to recognize that its system of economic governance has already been fundamentally transformed over the past two years.

First, the eurozone has, at least in practice, done away with its founding documents. In any monetary union in which states retain the autonomy to tax, spend, and borrow, there is a risk that some countries' excessive borrowing could threaten the value of the common currency. Recognizing this, the euro's creators drafted the Stability and Growth Pact and the "no bailout" clause in the Maastricht Treaty. The SGP placed legal restrictions on member-state deficit and debt levels, and the no-bailout clause forbade the European Union or individual member states from bailing out over-indebted states to avoid moral hazard.

The Maastricht governance regime is dead. The SGP was never strictly enforced, and when the crisis hit, the European Union tossed aside the no-bailout clause. Fearing contagion, it extended emergency loans to Greece, Ireland, and Portugal and set up a permanent bailout fund -- the European Stability Mechanism (ESM) -- which will be up and running this summer.

Having broken the taboo on bailouts, Europe had to find a way to limit the moral hazard of states turning again and again to the European Union for aid. EU lawmakers introduced the so-called six-pack legislation, which strengthened the European Commission's ability to monitor member states' fiscal policies and enforce debt limits. Twenty-five EU member states signed a fiscal compact treaty, which committed them to enshrining deficit limits into national law. Only those states that eventually ratify the treaty will be eligible for loans from the ESM.

Such legal provisions alone will not overcome the moral hazard, but they have been accompanied by evolution in bond markets, which now distinguish between the debt of healthy governments in the core and weak ones on the periphery. For the first decade of the euro's young life, bond markets priced the risk associated with the peripheral economies' bonds nearly the same as that associated with German ones. Today, the yield spreads are substantial and increase at the first sign of heightened risk. And by forcing private investors to take a nearly 75 percent loss on Greek bonds in conjunction with the second Greek bailout in February 2012, European leaders made clear that private bondholders should not expect bailouts to cover their losses, too. Now, more vigilant bond markets will police governments that run up unsustainable deficits or whose banking sectors grow fragile.

The second major structural change is that the European Central Bank -- legally prohibited from purchasing any member state's debt -- has thrown its rules aside and directly purchased billions in Greek, Irish, Italian, Portuguese, and Spanish bonds. Moreover, the ECB has indirectly financed billions more loans through its long-term refinancing operation, which extended over a trillion euros in low-interest loans to commercial banks.

ECB President Mario Draghi has repeatedly insisted that the bank is not engaging in "monetary financing" of member-state debts. If I were an Italian president of a central bank located in Frankfurt with a mandate designed by German inflation hawks, I would say that, too. But in practice, the ECB has shown itself to be far more flexible than many had anticipated. It has revealed, quite simply, that it will not oversee the demise of the currency that justifies its existence.

This new system of eurozone governance is more sustainable than the pre-crisis regime set in place by the Maastricht Treaty. It will withstand a Greek exit, for example. If Greece refuses to adhere to the terms of its bailout package and is forced out of the eurozone in the coming weeks, the ECB will likely scramble to stop contagion, but it will not be faced with the entire system's collapse. Meanwhile, by standing firm on Greece, the European Union will have further demonstrated that the conditions attached to its bailouts are serious, motivating other states to stick to their reform programs.

Greece's exit from the eurozone would be a catastrophe for Greece and a trauma for Europe, but it would not change the fundamentals of the post-2008 eurozone governance regime, which will still be based on stronger fiscal surveillance, more robust enforcement procedures, more vigilant bond markets, and a more activist central bank. With such a system in place, and with their commitment to fiscal discipline established, EU leaders will now face the slow, difficult tasks of adjustment and structural reform. And those burdens must be shared by all. It is understandable that Germany and the ECB initially demanded austerity as the condition for bailouts, but this one-sided approach has driven peripheral economies deeper into recession. Moving forward, austerity, wage reductions, and structural reform on the periphery must be comupled with public spending and wage increases in Germany, which will boost demand. There will be no quick fix, but the eurozone will recover, slowly but surely.

Wednesday, November 09, 2011



Ruangan Korporat - 08/11/2011

Bakal cipta sejarah baharu
Oleh SARAH NADLIN ROHIM
bisnes@utusan.com.my


KUALA LUMPUR 7 Nov. - Permodalan Nasional Bhd. (PNB) dipercayai bakal menjadi pengeluar kolagen dan gelatin halal pertama dunia apabila menjadi pemegang ekuiti terbesar bagi sebuah syarikat yang baharu ditubuhkan.

PNB dikatakan bakal memegang 70 peratus kepentingan dalam syarikat itu.

Menurut sumber, kedua-dua pihak sedang melakukan perbincangan dan keputusan mengenainya bakal diketahui menjelang akhir tahun ini.

''Lebihan pegangan kepentingan pula adalah kepada pemilik kepakaran pengeluaran produk kolagen dan gelatin.

''PNB merupakan calon pilihan untuk memegang kepentingan terbesar itu, tetapi keputusan akhir akan hanya diketahui menjelang akhir tahun ini,'' katanya kepada Utusan Malaysia di sini.



Tambah sumber itu, melalui pemilikan itu, bakal menjadikan Malaysia sebagai negara Islam pertama yang mengeluarkan kolagen dan gelatin dengan pensijilan halal.

''Setakat ini, hanya 0.7 peratus gelatin di pasaran dibuat menggunakan sumber halal dan tiada lagi negara Islam meneroka untuk pasaran tersebut.

''Malaysia akan menjadi negara Islam pertama yang berbuat demikian, ia sejajar dengan matlamat negara untuk menjadi hab halal global,'' jelasnya.

Pada masa ini, pengeluaran gelatin global adalah sekitar 400,000 tan yang bernilai AS$2.2 bilion (RM6.82 bilion).

Gelatin merupakan bahan penting yang banyak digunakan dalam pembuatan makanan, perubatan, kosmetik dan sebagainya.

Potensi pasaran bagi produk itu terutama di Timur Tengah adalah sangat besar dan ia baik untuk perdagangan negara.

----------------------------

Tujuan saya memaparkan artikel ini ialah kerana ada beberapa perkara yang saya rasa perlukan penjelasan.

a. Berita ini menggunakan perkataan 'sumber', 'dipercayai', 'dikatakan' dsb. seolah-olah perkara ini belum dipastikan.

b. Tidak diberitahu 'sumber' berkenaan.

c. Selalunya kenyataan akhbar seperti ini akan dikeluarkan oleh pegawai rasmi (spt. Ahli Lembaga Pengarah) daripada PNB

d. Biasanya sasaran perniagaan sebesar ini akan menjadi sebahagian dari KPI PNB.

e. Seolah-olah ada pihak lain yang ingin mencadangkan penglibatan PNB dalam industri & kolagen gelatin halal.

Walaubagaimanapun, jika berita ini benar, maka banyak manfaat akan diperolehi. Cuma saya berharap ada kenyataan rasmi dari PNB mengenai perkara ini.

Saturday, August 06, 2011



PRIVATE PLACEMENT BUSINESS - BEWARE OF SCAMS! - (A little research by Nik Zafri)

UPDATE : AUGUST 2011 (BETWEEN SCAM AND THE REAL THING)

I can almost recall the early 90s; those good old days; genuine entrepreneurs now reaping lots of benefits and profits due to the great progress in private placement business. Their businesses grow from small timer to big timer. Many of these companies become large corporations today even turned themselves into bluechips listed in the Main Board of Bursa Malaysia. Despite some appear not to be so successful, but they are always bullish to make a comeback - even indulge themselves fully into corporate debt restructuring programs.

Today; when talking about private placement business in Malaysia, many people approached me (to do business plans) and say they have some good projects needed to be funded. Some of them even go to the extend of telling me that some VVIPs are indirectly involved in such projects. (What a joke...take a hike!!)

Based on their papers; on first impression; I was almost fooled as it appears that they do have what it takes. Great looking business plans with all the mission, vision, objective and goals, marketing, viability, gearing/financial ration, projected P & L etc., But as I delve further, I saw layers of brokers hiding behind the business plan. There are many places considered hotspots for brokers.

The normal ones, I did see a few of them in the only 'kampung' in Kuala Lumpur - mostly their brokerage 'network' are associated together with politics (so they claimed) - "Yes, I know this guy like the back of my head, I can bring you to him but I need a million ringgit upfront".

While, the 'higher class' are relaxing comfortably either at the lounge or coffee house; with laptops and gadget phones; in 4 stars hotels but the funniest part is that, I notice that they are taking only plain water (not even Evian) - and never offer you if you like to have something to eat or drink, being snobbish, displaying some dilapidated construction drawings, agreements, letters etc. Sometimes they talked boastfully about Fractal & Fractional Reserve Banking with many times leverage of deposits, cost of fund etc. Don't make they feel comfortable, don't pay for their drinks and food. Trust me - you'll be doing yourself a great favour.

The smart 'scam' brokers will seek ways to capitalize on entrepreneurs demand - mostly at the cost of entrepreneurs. Be careful businessmen and entrepreneurs, learn to smell elements of scam. New 'funding schemes' in private placement are one of them.

The most popular one today that is attacking the Malaysian PP market is the good old trick known as "leasing using Standby LC. Sounds good huh? The broker are smart enough to say that they know people in the banking and financial sector that you only need to pay an upfront of 10% out of the total value issued by the bank. This is a SCAM!

Standby Letter of Credit is an instrument alright but it's NOT discountable. Just walk into any bank and ask! If you need a 20 million SBLC, you need to pay 20 million! So, the scam brokers will convince you that upon issuance of SBLC by the bank, it can be used as a warranty or some sort of collateral to get more money from other projects (usually they will whisper to you that it's 'money laundering') There is no way you can use a leased SBLC to do business.

Another alternative, a smaller amount for big money (small PP), another scam. Behind small money, there is big money awaiting to be robbed from your pocket. Who would give big money for small money? Then; they say to you; you have assets to be liquidated? Yeah..that's where big money comes in. Although there is some logic in it, but wait till you see the levels of overriding commissions the broker will ask from time to time.

So, what else - leasing of bank instrument - is much the same as the SBLC. You have a leased property and trying to make money out of it when the property is not even yours. I don't think the bank will be convinced to take leased property as collateral. The brokers tell you that you can make money is because they want an upfront - that's all.

Another back-end scam is through JV funding which has little to no recourse to you. The scam brokers will ask an upfront (with some more profits from PP) once the so-called 'partner' lease an instrument. They use 'technical words' such as high yields and you're duped into spending so much money by not even bothered to look into the leased instrument.

So, it's all about upfronts. Many people has been tricked and I told them to make proper reports to the authorities - at least to stop others from being duped.

My advise, if you have so much money, go to the bank and ask for true professional advise. Private Placement Business do exist and can be of great assistance to you but try to avoid 'unlicensed and unqualified' brokers.
-------------------------
Here's a good article

Swift MT 760 and MT 799, the Real Story

Submitted by InsideTrade Staff on Friday, 4 December 2009

If you have been in the private placement business for a while, you probably know that there are plenty of acronyms associated with trade programs. As someone new to the business, you may hear phrases like: “MTN”, “BG”, “SBLC”, “PPP”, “DTC”, “CIS”, “POF”, and say, “what the heck are they talking about”? Well, though it is good to know private placement lingo, cool sounding terms do NOT close deals. If you want to protect yourself and succeed in private placement, you MUST understand the 2 most important acronyms of all, the “MT 760” and “MT 799”.

Whether you are a client, broker, consultant, or even just a beginner, the MT 760 and MT 799 are two terms that are critical to learn inside and out!. Many times, if you speak to brokers who claim to have trade programs, you can tell if their investment is real by asking just one question, “Explain the MT 760 and MT 799, what are the risks and fees?” If you get an answer that sounds similar to the explanation we give below, then you may want to dig a little deeper! If you don’t, recognize that these people are less educated than they claim, and may not be the best option. First things first, let’s explain the definition and application of these terms in the modern day private placement business.

The MT 799 is a swift message used between banks to communicate in written form, and is usually referred to as “pre-advice”. For example, Bank “A” may send a MT 799 to Bank “B” stating: “We confirm “XXX” amount on deposit and are ready to block this amount via MT 760 in favor of account “XXX” at your bank. Please confirm readiness and receipt.” Typically, the MT 799 will be needed directly before the MT 760 is issued, and there may be small fees. Despite what most brokers may claim, the MT 799 is NOT used as collateral,and can NOT be used to enter a private placement program. Now that we know about the MT 799, let’s take a look at it’s cousin, the Swift MT 760.

The MT 760 is a swift message used to block funds in favor of someone other than the owner, collateralizing the asset via this message, while allowing for loans and liens against it. For example, most private placements require the investor to send a MT 760 to the trader’s account, allowing the trader to use this swift as a collateral guarantee for their bank. Again, despite what many brokers may claim, this is NOT everything you need to know about the MT 760. Now that you do know the definitions and applications, let’s cover the key points no one ever brings up about the MT 760: the FEES, and the RISKS…

First and foremost, the fees for blocking a large amount of funds via MT 760 can be more than you would expect. In most cases, your bank will charge 1-2% of the value being blocked for this service. For example, on a 100M bank instrument this can be 1-2M that the owner must come out of their pocket with, unless they have a special relationship with their bank. You may say to yourself, “Wow, that is a lot to spend on fees for something I’m not sure will work”! Well, even more importantly, let’s take a look at the risks if you did move forward.

If you complete the MT 760 and pay the fees, you should observe everything very closely from that point on. Once the MT 760 has hit the account of the trader, the line of credit should become available within 72 hours. At that time, the trader should be able to make their first bank instrument purchase, and give you a DEFINITE TIMELINE for your first profit disbursement. You may say, “Why do I need to watch this process so closely?” Well, here is the part that most brokers don’t tell their clients…

When blocked in someone’s favor, the MT 760 collateralizes assets in the form of a swift guarantee, and by doing so, allows the beneficiary to draw credit against it. This means, if the loan to the “trader” was defaulted on, the bank would seize the collateral and you would be out of your money! Though this scenario is possible, I would consider it rare for two reasons… In today’s world, no bank will loan Millions of dollars to someone they haven’t vetted, no matter what collateral is on hand. Second, the MT 760 is quite rare, and this usually draws attention to the beneficiary of the swift.

In summary, the MT 760 can be safe, or it can blow up in your face. As always, the key is having a real trader and most importantly, getting your payments as scheduled. If the trader makes a statement about yields and a time line, they must ALWAYS keep in line with their promises. Over the THOUSANDS of transactions we have been involved in, the only ones that have closed have been smooth from the start, with NO hiccups.

Remember, both RISK and FEES are a part of blocking funds via MT 760!!!! In addition, by understanding the MT 760 and MT 799, you can clear out the TIME WASTING brokers from your network, and work MORE EFFICIENTLY towards your goals.

Let’s face it, very few people know as much as you do after reading this article. Use it to your advantage to qualify the private placement investments you come across, and it will make life a lot easier. Ask yourself, if someone can’t explain the MT 760 and MT 799 in thorough detail, do you think they have ever closed a deal? Then ask yourself, do I want to risk Millions with someone that has NEVER been successful? It’s not hard to see, education is the key!

----------------------------------------------------
SAMPLE- S.W.I.F.T. MT760 – WIRE FORMAT EXAMPLE

NOTIFICATION :

DELIVERY STATUS :
PRIORITY / DELIVERY :
MESSAGE INPUT REFERENCE :

-----------MESSAGE HEADER----------------------------

SWIFT INPUT : MT760 CONFIRMATION OF BLOCKED FUNDS

SENDER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
AMOUNT :
ACCOUNT NAME :
ACCOUNT NUMBER :
RECEIVER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
ACCOUNT NAME :
ACCOUNT NUMBER :
IN FAVOR OF :

-----------SWIFT MESSAGE TEXT----------------------

TRANSACTION CODE :
TRANSACTION NUMBER :

WE, [INSERT NAME & LOCATION OF SENDING BANK] ON BEHALF OF OUR CLIENT [INSERT NAME OF ACCOUNT HOLDER/SIGNATORY], HEREBY PRESENT OUR CONFIRMATION OF FUNDS IN THE AMOUNT OF [INSERT WRITTEN AMOUNT]UNITED STATES DOLLARS (USD $XXX,XXX,000.00) IN ACCOUNT NUMBER [XXXXXXXX] AS OF THE DATE OF THIS TRANSMISSION.

BY VIRTUE OF THIS INSTRUMENT WE [INSERT NAME & LOCATION OF SENDING BANK] CONFIRM WE HAVE PLACED SAID FUNDS ON ADMINISTRATIVE HOLD FOR A PERIOD OF [INSERT WRITTEN NUMBER] (XX) [INSERT TIME PERIOD] IN FAVOR OF THE BENEFICIARY LISTED ABOVE

THIS INSTRUMENT IS IRREVOCABLE AND VALID FOR A PERIOD OF SIXTY (60) DAYS, AND THE FUNDS SHALL REMAIN UNENCUMBERED FROM ANY OTHER BENEFICIARIES.

WE, ---INSERT NAME & LOCATION OF SENDING BANK--- CONFIRM THE FUNDS IN OUR CUSTODY WILL NOT BE CHANGED, ALTERED, AMENDED OR PLEDGED FOR A PERIOD OF [INSERT WRITTEN NUMBER] (XX) [INSERT TIME PERIOD] FROM THE DATE OF THIS TRANSMISSION.

BANK OFFICER, TITLE: BANK OFFICER, TITLE:

PIN: PIN

------------------MESSAGE TRAILER-----------------------

NOTIFICATION :
DELIVERY STATUS :
PRIORITY / DELIVERY :
MESSAGE INPUT REFERENCE :

-----------------MESSAGE HEADER--------------------------

SWIFT INPUT : MT760 CONFIRMATION OF BLOCKED FUNDS

SENDER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
AMOUNT :
ACCOUNT NAME :
ACCOUNT NUMBER :
RECEIVER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
ACCOUNT NAME :
ACCOUNT NUMBER :

IN FAVOR OF :

--------------SWIFT MESSAGE TEXT------------------------

TRANSACTION CODE :
TRANSACTION NUMBER :

WE, [INSERT NAME & LOCATION OF SENDING BANK] ON BEHALF OF OUR CLIENT [INSERT NAME OF ACCOUNT HOLDER/SIGNATORY], HEREBY PRESENT OUR CONFIRMATION OF FUNDS IN THE AMOUNT OF [INSERT WRITTEN AMOUNT]UNITED STATES DOLLARS (USD $XXX,XXX,000.00) IN ACCOUNT NUMBER [XXXXXXXX] AS OF THE DATE OF THIS TRANSMISSION.

BY VIRTUE OF THIS INSTRUMENT WE [INSERT NAME & LOCATION OF SENDING BANK] CONFIRM WE HAVE PLACED SAID FUNDS ON ADMINISTRATIVE HOLD FOR A PERIOD OF [INSERT WRITTEN NUMBER] (XX) [INSERT TIME PERIOD] IN FAVOR OF THE BENEFICIARY LISTED ABOVE

THIS INSTRUMENT IS IRREVOCABLE AND VALID FOR A PERIOD OF SIXTY (60) DAYS, AND THE FUNDS SHALL REMAIN UNENCUMBERED FROM ANY OTHER BENEFICIARIES.

WE, ---INSERT NAME & LOCATION OF SENDING BANK--- CONFIRM THE FUNDS IN OUR CUSTODY WILL NOT BE CHANGED, ALTERED, AMENDED OR PLEDGED FOR A PERIOD OF [INSERT WRITTEN NUMBER] (XX) [INSERT TIME PERIOD] FROM THE DATE OF THIS TRANSMISSION.

BANK OFFICER, TITLE: BANK OFFICER, TITLE:

PIN: PIN

---------------MESSAGE TRAILER--------------------

S.W.I.F.T. MT760 – WIRE FORMAT EXAMPLE

NOTIFICATION :
DELIVERY STATUS :
PRIORITY / DELIVERY :
MESSAGE INPUT REFERENCE :

---------------MESSAGE HEADER----------------------

SWIFT INPUT : MT760 CONFIRMATION OF BLOCKED FUNDS


SENDER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
AMOUNT :
ACCOUNT NAME :
ACCOUNT NUMBER :
RECEIVER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
ACCOUNT NAME :
ACCOUNT NUMBER :
IN FAVOR OF :

-------------SWIFT MESSAGE TEXT--------------------

TRANSACTION CODE :
TRANSACTION NUMBER :

WE, [INSERT NAME & LOCATION OF SENDING BANK] ON BEHALF OF OUR CLIENT [INSERT NAME OF ACCOUNT HOLDER/SIGNATORY], HEREBY PRESENT OUR CONFIRMATION OF FUNDS IN THE AMOUNT OF [INSERT WRITTEN AMOUNT]UNITED STATES DOLLARS (USD $XXX,XXX,000.00) IN ACCOUNT NUMBER [XXXXXXXX] AS OF THE DATE OF THIS TRANSMISSION.

BY VIRTUE OF THIS INSTRUMENT WE [INSERT NAME & LOCATION OF SENDING BANK] CONFIRM WE HAVE PLACED SAID FUNDS ON ADMINISTRATIVE HOLD FOR A PERIOD OF [INSERT WRITTEN NUMBER] (XX) [INSERT TIME PERIOD] IN FAVOR OF THE BENEFICIARY LISTED ABOVE

THIS INSTRUMENT IS IRREVOCABLE AND VALID FOR A PERIOD OF SIXTY (60) DAYS, AND THE FUNDS SHALL REMAIN UNENCUMBERED FROM ANY OTHER BENEFICIARIES.

WE, ---INSERT NAME & LOCATION OF SENDING BANK--- CONFIRM THE FUNDS IN OUR CUSTODY WILL NOT BE CHANGED, ALTERED, AMENDED OR PLEDGED FOR A PERIOD OF [INSERT WRITTEN NUMBER] (XX) [INSERT TIME PERIOD] FROM THE DATE OF THIS TRANSMISSION.

BANK OFFICER, TITLE: BANK OFFICER, TITLE:

PIN: PIN

----------------MESSAGE TRAILER----------------------

Sample BANK GUARANTEE

[Illustration only]

TO: The Principal {"Principal"}

In consideration of the Principal at the request of Contractor ("Customer") and [name of bank] ("bank") agreeing to accept this undertaking in connection with a contract between Principal and Customer for Customer to provide Services to Principal, (Contract") the bank unconditionally undertakes to pay the Principal on demand in writing any sum or sums which may from time to time be demanded in writing by the Principal to an amount not exceeding ………. THOUSAND DOLLARS ($…,000.00) )("agreed sum") in total.

Payment of the agreed sum or any parts of it will be made by the bank to the Principal without reference by the bank to the Customer and notwithstanding any notice to the bank by the Customer not to pay to the Principal any monies payable under this undertaking and irrespective of the performance by the Customer or the Principal of the terms of the Contract.

The bank’s liability will not be affected or discharged in any way by any alterations which may be made to the terms of the Contract or by any extension of time or other forbearance on the part of the Principal or the Customer to the other.

This undertaking will continue in force until either notification in writing has been received by the bank from the Principal that this undertaking is no longer required by the Principal or until payment to the Principal by the bank of the whole of the agreed sum or the balance of it remaining after any part payment or payments which ever first occurs.

The bank will be entitled to terminate this under at any time on payment to the Principal of the agreed sum or the balance of it remaining after any part payments or any lesser amount which the Principal requires.

[Execution by Bank]
--------------------------------------------------------
SAMPLE LETTER OF CREDIT

(note that Malaysia is not yet a member of ICC)

TO: { BUYER} PROFORMA INVOICE:

YOUR REF.:
YOUR REF. DATE:

We have indicated below those terms and conditions that we would find acceptable in a letter of credit issued by your bank. Your efforts to gain compliance with these terms and conditions in the issuance of this letter of credit will ensure prompt dispatch of your order. If your bank is unable to issue the credit within the following guidelines, please contact us providing information on those areas that must be altered. This will eliminate needless delay and costs involved with amendments after the credit has been opened. Only those items marked with an "X" will apply.

1. [ ] The letter of credit is to be irrevocable and subject to the Uniform Customs and practice for Documentary Credits, as published and updated from time to time by the International Chamber of Commerce.

2. [ ] The letter of credit is to be [ ] Advised [ ] Confirmed by our bank:

X bank

Telex No.:
SWIFT No.:
ABA.:

3. [ ] The beneficiary is to be shown as:

4. [ ] The letter of credit is to be payable upon presentation of drafts drawn at:

A. [ ] At sight
B. [ ] ___ days after the date of the transport document (i.e., 90 days after date of B/L)
C. [ ] ___ days after sight (i.e., 90 days after sight)
D. [ ] Other: ____________________________

5. [ ] The letter of credit is to be available by negotiation with any bank.

6. [ ] The letter of credit is to be payable in:

[ ] U.S. dollars
[ ] Other: _______________________________

7. [ ] The amount of the letter of credit is to be specific as:

[ ] "Not to exceed “_____________ [ ] "About “_______________

8. [ ] The following documents are normally provided if required in the letter of credit. Please avoid the requirement for any other documents without prior agreement on our part.

A. [ ] Signed Commercial Invoice, one original and ______ copies.
B. [ ] Packing List in ______ copies.
C. [ ] Negotiable Marine/Air Insurance policy or certificate in duplicate for 110% of invoice value covering all risks and war risks and ____________________________

D. [ ] Full set of clean on board ocean bills of lading

issued to order of : __________________________

E. [ ] Clean air waybill consigned to:

__________________________________________

F. [ ] Other documents:


9. [ ] The letter of credit is to specify shipment of:

____________________________________________

____________________________________________

____________________________________________


10. [ ] Shipment is to be:



[ ] FOB ___________ From: __________________
[ ] CFR ___________ To: ____________________
[ ] CIF___________
[ ] EXW__________
[ ] Other __________ (i.e.: FCA, FAS, CIP, etc.)


11. [ ] The Bill of Lading is to be marked:

[ ] Freight Prepaid
[ ] Freight Collect

12. [ ] Transshipments:

[ ] Are permitted
[ ] Are not permitted


13. [ ] Partial shipments:

[ ] Are permitted
[ ] Are not permitted


14. [ ] Latest Shipment Date __________________

15. [ ] Latest Presentation Date of Documents to the Negotiating bank to be ____ days after each shipment date.

16. [ ] Expiration Date of letter of credit to be __________________

17. [ ] The letter of credit should specify that all banking charges outside the country of the applicant are for the account of the [ ] applicant [ ] beneficiary.

18. [ ] letter of credit to be transferable.

19. [ ] Other special instructions.

2. Complying with Documentary Requirements

Exporters and freight forwarders who frequently assist the exporter is preparing documents for shipment are aware that terms and conditions in letters of credit are to be fulfilled exactly as stated. The opening bank has set forth terms as requested by the applicant, or buyer, and neither the opening bank, negotiating bank or designated paying bank will honor documents other than those specified. Furthermore, some documents required under a letter of credit are specifically described as to the information which must be contained in the specified document.

----------------------------------------

SAMPLE - BUYER'S MANDATE

To be issued on Buyer’s Letterhead

Letter of Intent / Irrevocable Corporate Purchase Order

Date of Issue : ... . 2008 Buyer's Reference: ................
Valid Till: ... ..... 2008

To:

Seller Mandate :
Company
Address
Country

We the undersigned Name of Signatory of End Buyer's Company Name hereby state and confirm that we are ready, willing and able to purchase HMS (Grade.....) in the quantity and for the price as specified in the terms and conditions as stated below. This representation is made with full corporate authority and also responsibility of the above stated buyer.

Commodity HMS 1 & 2 (80:20)
Specifications ISRI 200 to 206
Loading Port XXXXX (Seller's Choice)
Packing Bulk / Container
Destination Port Destination Port Name
Shipment Terms CIF /CNF, (Buyers destination Port)
Total Contract Qty ...............MT (in xxx months /days)
Quantity per Shipment .............. MT (+- 5%)
No.of Shipments per Month ----Shipment per Month
Length of Contract ___Months / One time Spot deal
Delivery Period Within 60 Days after Opening of DLC/LD.SBLC

Yard Visit Seller’s Choice
Inspection SGS or CCIC or Equivalent at Seller's Cost Procedure Seller’s Choice
Price CNF / CIF / FOB............USD .... / MT
Mode of Payment Irrevocable, Confirmed, Non-Transferable,
100% payable at sight DLC. Activated by Sellers’s 2% PBG
Performance bond: 2% Operative PB from the seller.
End Buyer's Information

Company Name
Address
Country
Zip
Telephone No.
Fax No.
E-Mail

End Buyer's Bank Details (From Which LC Will be Issued)

Bank Name
Address
Zip and Country
Telephone No. and Fax No.
Account Name
Account No.

Bank Swift Code

Bank Officer's Name

Designation, Direct Phone and Fax No.

LC Confirming Bank's Details (can be same as above)

Bank Name
Address
Zip and Country

This exclusive LOI with the specific LOI reference number is the only current LOI. It takes precedence over any other LOI with the above-mentioned specific LOI reference number currently in circulation for this quantity and product. The Buyer is of the understanding that any and all offers are subject to final agreement on the details of sales contracts.

Signature .................
Printed Name .................

(Corporate Seal)

Title .................

INTERNATIONAL CHAMBER OF COMMERCE ( I.C.C 400 / 500 / 600 )
NON-CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT

WHEREAS the undersigned wish to enter into this Agreement to define certain parameters of the future legal obligations, are bound by a duty of Confidentiality with respect to their sources and contacts. This duty is in accordance with the International Chamber of Commerce.

WHEREAS the undersigned desire to enter a working business relationship to the mutual and common benefit of the parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (hereinafter referred to as “Affiliates”).

NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows:

1. TERMS AND CONDITIONS

A. The parties will not in any manner solicit, nor accept any business in any manner from sources or their affiliates, which sources were made available through this agreement, without the express permission of the party who made available the source and,

B. The parties will maintain complete confidentiality regarding each other business sources and/or their Affiliates and will disclose such business sources only to the named parties pursuant to the express written permission of this party who made available the source, and,

C. That they will not in any of the transactions the parties are desirous of entering into and do, to the best of their abilities assure the other that the transaction codes established will not be affected.

D. That they will not disclose names, addresses, e-mail address, telephone and tele-fax or telex numbers to any contacts by either party to third parties and that they each recognize such contracts as the exclusive property of the respective parties and they will not enter into any direct negotiations or transactions with such contracts revealed by the other party and

E. That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of the

F. Parties to this agreement, unless written permission has been obtained from the other party (ies) to do so. For the sale of this agreement, it does not matter whether information obtained from a natural or a legal person. The parties also undertake not to make use of a third party to circumvent this clause.

G. That in the event of circumvention of this Agreement by either party, directly or indirectly, the circumvented party shall be entitled to a legal monetary penalty equal to the maximum service it should realize from such a transaction plus any and all expenses, including but not limited to all legal costs and expenses incurred to recover the lost revenue.

H. All considerations, benefits, bonuses, participation fees and/or commissions received as a result of the contributions of the parties in the Agreement, relating to any and all transactions will be allocated as mutually agreed.

I. This Agreement is valid for any and all transaction between the parties herein and shall be governed by the enforceable law in All Commonwealth Country’s, European Union Country’s, USA Courts, or under Swiss Law in Zurich, in the event of dispute, the arbitration laws of states will apply.

J. The signing parties hereby accept such selected jurisdiction as the exclusive venue. The duration of the Agreement shall perpetuate for (__) years from last date of signing.

2. AGREEMENT TO TERMS

A. Signatures on this Agreement received by the way of Facsimile, Mail and/or E-mail shall be an executed contract. Agreement enforceable and admissible for all purposes as may be necessary under the terms of the Agreement.

B. All signatories hereto acknowledge that they have read the foregoing Agreement and by their initials and signature that they have full and complete authority to execute the document for and in the name of the party for which they have given their signature.

3. ACCEPTED AND AGREED WITHOUT CHANGE

Party # 1 (Seller/Seller Mandate) Party # 2 (Buyer/Buyer Mandate)

Name : Name :
Passport No : Passport No :
Nationality : Nationality :
Company : Company :
Business Registered No. Business Registered No.

Address : Address :


Tel : Tel :
Fax : Fax :
Mobile : Mobile :
E-Mail : E-Mail :
Designation : Designation :
Date and Time : Date and Time :
Sign & Seal : Sign & Seal :


EDT ( Electronic document transmissions )
EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable, this agreement shall be:-

1- Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and National Commerce Act’’ or such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001) and

2- ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT).

3- EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable. Either Party may request hard copy of any document that has been previously transmitted by electronic means provided however, that any such request shall in no manner delay the parties from performing their respective obligations and duties under EDT nstruments.

----------------------------------------

SAMPLE MANDATE - FULL CORPORATE OFFER (FCO)

Date:

XXXXXXXX
XXXXXXXX
XXXXXXXX

Dear SELLER’S REPRESENTATIVE NAME

In an effort to reach a successful resolution, we, MANDATE representing BUYER, have the pleasure of submitting, for SELLER, our Full Corporate Offer for supply of PRODUCT AMOUNT per month of PRODUCT for a period of XX months based on the following terms and conditions:

Product:
Origin:
Quantity:
Specification:
Delivery Terms:

DESCRIPTION
COUNTRY
QUANTITY/PER (MONTH,YR ETC)
As per Specification Sheet annexed herewith
CIF(OR FOB) ASWP
PRICE:

Price in US Dollar per barrel to be invoiced against three-day average, the day before, the day on, the day after (pricing days) of the COUNTRY .... published by .... Crude Oil Market.

PROCEDURE (Non-Negotiable):

1. Seller/Seller's mandate forward Full Corporate Offer (F.C.O) along with formats of bank capability and format of payment Guarantee for the payment of commission to the royality and to the Buyer Mandate.

2. Buyer returns the FCO and formats duly signed and accepted along with an ICPO having full bank details (TOP 20) and major AAA Bank, which acceptable from the Seller. ICPO to be addressed to XYZ, C.C.S.Z. ANYONE (aka AW), W.SMITH, XXX and must confirm financial capability as well as include details of the refinery, refinery codes processing and storage capacity.

3. Seller Mandate response with draft of Sale/Purchase Copy of Contract for the Buyer to sign.

4. Seller Mandate arranges for exchange document as below:

a. Buyer's bank capability as per specified format, duly issued by TOP20 major AAA Bank, which is acceptable from the Seller.

b. Buyer's bank letter informing Seller Mandate that it will issue the bank guarantee as per specified format on a specified date in their bank after checking and verifying the codes with SELLER.

Against the above, same day and same time:

i) Seller Mandate will provide "Authority to Sell" document duly endorsed by the Chamber of Commerce, Saudi Arabia in original.

ii) Seller Mandate will provide "Mandatory Letter" in original issued by the Allocation Holder authorizing to sign the copy of contract on their behalf.

5. After successful completion of (4) above, Seller Mandate and Buyer sign the copy of Contract, agreeing in principal of all the articles.

6. After the Soft Copy of Contract has been signed and completed, Seller Mandate shall send the Soft Copy of Contract to the Allocation Holder, who in turn, shall have the contract registered in the name of Buyer with SELLER, within the maximum period of 15 banking days.

7. After the Hard Copy is registered in the name of the Buyer, the Seller/Seller's Mandate shall provide to the Buyer's/End User's Bank with genuine codes for verification from SELLER , the Buyer's bank shall be permitted a maximum of 24 hours from receipt to confirm and verify from SELLER.

8. Allocation Holder after registration of the Contract in the name of the Buyer with SELLER shall have the original contract having Seller Code, Contract Number, Allocation Number, Seller Bank Details, send to the Seller mandate through courier.

9. Immediately after receipt of the Contract in Original, Seller Mandate coordinate with Buyer/End User for Verification with SELLER and to be followed by signing of the hard copy by the Buyer.

10. After signing the hard copies in Buyer's Bank, simultaneously the Buyer's/End User's bank officer shall hand over to the Seller Mandate the Pay Order Guarantee as attached for the payment of commission to the royalty and to the Seller Mandate.

Splitting of discount is as follows:

Gross: US $XXX.00 per (barrel OR gallon OR metric ton)
Net: UD $YYY.00 per (same as above) (Maximum Market Rate)
Buyer Mandate & Intermediaries: US $ZZZ.00 per (same as above)
Royality: US $MMM.00 per (same as above) (Closed)
Seller Mandate: US $NNN.00 (same as above) (Closed)

The above discount could change on every Monday (London Time) based on the global crude market price fluctuation.

ONCE the Contract is signed then the Gross/Net Discount figures REMAIN CONSTANT during Contracts Term for XX DURATION PERIODS

11. Sellers bank sends to Buyer's bank a 2% non-operative performance bond that guarantees revolving six shipments in favor of Buyer L/C opener.

12. Immediately upon receipt of Non-Operative Performance Bond, the Buyer shall open a IRREVOCABLE, CONFIRMED, REVOLVING AND ONCE TRANSFERABLE (to SELLER) OPERATIVE DOCUMENTARY LETTER OF CREDIT TO BE OPENED TO SHOW AMOUNT FOR THE XX MONTHS QUANTITIES OF THE CONTRACT. THIS LETTER OF CREDIT WILL HAVE VALUE EQUIVALENT TO ONE MONTH'S QUANTITIES BUT REVOLVING FOR THE ENTRY XX MONTHS PERIOD OF THE CONTRACT, FROM A TOP 20 PRIME BANK, PAYABLE BENEFICIARY'S BANK AS SPECIFIED UNDER APPENDIX.

13. The 2% non-operative performance bond submitted by the Seller will be operative immediately after the letter of credit as mentioned in clause 12 above has reached and attached and accepted at Seller's Bank

14. The bellow mentioned document will be sent by the Seller immediately after receipt of Letter of Credit from the Buyer:

a. Certificate of Authority to Sell
b. Certificate of Availability of products
c. Delivery Schedule.

15. At the time of each lifting of delivery, the Buyer / End User (Letter of Credit Opener) must provide the port authority at port of loading, the following documents:

a. A copy of nominated vessels charter party under the name of LC opener (the Buyer must be end user).

b. Proof of Refinery or processing Agreement under the name of Opener (the Buyer must be end user).

16. The Parties to the contract enter into this cycle and shall proceed with the execution of mutually agreed schedule to its full implementation.

17. The validity of this document is only for FIVE (5) days from today (XXX Time).

Note: Only the Original copy with original signatures and seal shall be considered as acceptable document.

Sincerely,
XXXXXXXX

TITLE
XXXXXXXX

---------------------------
SAMPLE BCL

(Note that some of the details have been altered, the following serves only as an example)




----------------------------

Here's the most classical oil scam article :


http://www.gulfoiltrading.com/Fake%20companies.htm

Other Links:

http://sites.google.com/site/blacklistscammersoilandother/file-manager
http://www.docstoc.com/docs/6545072/The-list-of-some-FAKEs-companies-in-Russia-The/
http://www.alees.com/Black_list.aspx