Updated: Aug 31
Entrepreneurs in international commodity trading, especially bulk commodities, come across documents like NCNDA (non circumvention non disclosure agreement) & IMFPA (International master fee protection agreement). You will be surprised to learn that most of these documents that you download from internet and sign are FAKE !
Is there a genuine ICC contract/agreement called NCND that you can download or buy from ICC?
The answer is YES !
(It looks like the picture shown)
Is this worth signing and should the intermediaries use it?
Again YES !
Where can I download or get the genuine copy of ICC NCNDA ? Read below !
All NCNDA or IMFPA templates that you see with ICC logo and written ICC 400/500/600 are fake. Read the official warning from ICC here.
The problem is, not all the traders or intermediaries using FAKE drafts of NCNDA or IMFPA are fraudulent, most of them are innocent, but they don't do their homework. They just search the internet for terms "download ICC NCND template" or "get a copy of ICC Non Circumvention Non Disclosure Agreement" and think that the form they got for free is actually genuine.
Only if they be a little vigilant and search ICC's website, they will easily find all warnings issued by ICC regarding these fake documents and they will easily find that :-
The only genuine NCNDA format that is endorsed and sold by ICC is the ICC Model Contract for (occasional) intermediaries (Non Circumvention Non Disclosure), pub no. 769E.
This document, as per ICC, cannot be reproduced, distributed, transmitted, translated or adapted in any form or by any means except to the extent this is necessary for purchasers to utilize this document for direct business.
This ICC NCNDA, a 26 pages draft, is available for sale on ICC's website here and we can help you fill this properly. There is no such thing as an ICC IMFPA.
You can email us at firstname.lastname@example.org with the subject NCND 769E.
The ICC NCNDA 769E can be signed between an "Intermediary" (broker) and a "Counterpart" (the entity that will pay your commission) either for a particular "Third Party" for one deal or for multiple third parties over the term of the document. The term can be mutually decided among both the parties signing the agreement.
The parties can choose ICC's arbitration or can opt for litigation (local courts). This document properly depicts the roles and responsibilities of each party and provides a great cover for intermediaries/brokers if properly filled out. At the same time, it is equally beneficial for the counterpart.
Other documents that can replace this document can be drafted locally and named sometimes as "service provider agreement" or "NCNDA" but should not include ICC logos and other ICC proprietary material (as mentioned above) and cannot entail ICC's arbitration.
How Can Cangem Help?
Apart from helping you sign this extensive 26 pages genuine ICC NCND agreement, working as an international trade consultant, Cangem can help our clients sign "ironclad" agreements, like the one mentioned here, along with other legal agreements like JV agreement, service provider agreement, consulting agreement etc. See how Cangem can help you in international trade by visiting this page
Cangem also conducts an Export-Import & Shipping Training Program which is the only such complete program in North America by a real commodity trading, consulting and shipping (export-import) company and not a training institute. We teach entrepreneurs how to sign such documents and which document to put forth in different scenarios.
The program includes:
1) Export, import, shipping, trading and brokering training.
2) Incoterms 2010 & 2020.
3) Formats of all export, import, shipping, trading, brokering and legal agreements.
4) Market analysis, commodities information and marketing.
5) Detailed instructions for setting up your company for exports & imports, activating export import account/licenses and tax accounts and getting other licenses or permits.
6) Proper way of working with freight forwarders & customs brokers.
7) Process of finding and selecting genuine buyers and sellers through due diligence (background check).
8) A script to talk to sellers, buyers, freight forwarders, custom brokers and other traders or brokers.
9) Support after the program for the first deal, overviewing if trainees are doing everything properly.