ࡱ > ) , & ' ( g ^ bjbj ;n {z\{z\] P X X 8 F 2 : 4 L N N N N N N Ǧ } ^ N N G y- y- y- L y- L y- y- \ .*n /# j ( F 8 ] 0 n ۩ ) ۩ ۩ y- N N * ۩ X h : Complete information on terms and conditions of an open tender of commercial bids for long-term sales of Fuel oil 100 produced by JSC Mozyr Oil Refinery planned for September 19, 2019. On September 19, 2019 CJSC Belarusian Oil Company (hereinafter - CJSCBNK, the Tender Organizer) is holding an open tender of commercial bids for long term sale of FuelOil 100 produced by JSC Mozyr Oil Refinery: Oil ProductQuantity, tonsDelivery PeriodDelivery BasisFuel Oil 100 with the guarantee of Al+Si content max. 60 ppm 60 000 tons in October 2019, 100000 tons monthly from November 2019 to September 2020 (+/-10% in the Sellers option) Total quantity 1 160 000 t (+/-10% in the Sellers option) Nominal quantity is guaranteed upon availability of refinery production October 2019 September 2020 FOB port of Klaipeda, Lithuania, AO Klaipedos Nafta terminal, max. tanker lot - 100000tons (+/-10%), vessel length up to 275 m, draught up to 12,5m, segregated storage. CIF destination port specified by the Applicant in its commercial bid (through the port of Klaipeda, AO Klaipedos Nafta terminal). up to 50000 t monthly* (the Sellers option: +10%/-100% in October 2019, +/-30% from November 2019 to September 2020) Total quantity up to 600 000 t (+/-30% in the Sellers option) October 2019 September 2020 DAP border of the Republic of Belarus for bunkering purposes (except for the delivery to the territory of the Russian Federation). FCA st. Barbarov exclusively for delivery in the direction of the ports of the north-western region of the Russian Federation with subsequent loading onto the tanker with the submission of supporting documents (delivery by private or leased rail tank cars of the Buyer); FOB port of Klaipeda, Lithuania, AO Klaipedos Nafta terminal, max. tanker lot - 100000tons (+/-10%), vessel length up to 275 m, draught up to 12,5m, segregated storage. FOB port of Riga, Latvia AO B.L.B. Baltijas Terminals, max. tanker lot - 15 000 mt (+/-10%), vessel length up to 180 m., draught up to 9 m, segregated storage. FOB port of Ventspils, Latvia, AS Ventbunkers terminal, tanker lot up to 120000t (+0/-10%), vessel length up to 275 m, draught up to 15m, beam up to 50 m, segregated storage. FOB port of Muuga, Estonia, Liwathon E.O.S. ex.Vopak E.O.S. terminal, tanker lot up to 120000 t. (+0/-10%), vessel length up to 200 m, draught up to 12,3 m, beam up to 34 m., segregated storage. FOB port of Sillamae, Estonia AS Alexela Sillamae, tanker lot up to 50000 mt (+0/-10%) , vessel length up to 275 m , d r a u g h t u p t o 1 5 , 8 m . , s e g r e g a t e d s t o r a g e . F O B p o r t o f U s t - L u g a , t h e R u s s i a n F e d e r a t i o n , t e r m i n a l J S C U s t - L u g a O i l , m a x l o t a c c u m u l a t i o n u p t o 1 0 0 0 0 0 t o n s ( + 0 / - 1 0 % ) , t h e t e r m i n a l a d m i t s f o r l o a d i n g o n l y t a n k e r s w i t h a s e g r e g a t e d b a l l a s t w h i c h i s n o t required to be discharged ashore, the minimum flange thickness - 35 mm., segregated storage. FOB Saint-Petersburg Sea Port, the Russian Federation JSC PNT terminal, max tanker lot - 37000mt (+0/-10%), admittance of vessels of Handysize type with draught up to 11 m, segregated storage. FOB port of Vysotsk, the Russian Federation J S C R P K - V y s o t s k L u k o i l I I T e r m i n a l , m a x t a n k e r l o t - 6 0 0 0 0 m t ( + 0 / - 1 0 % ) , v e s s e l l e n g t h u p t o 2 6 0 m , d r a u g h t u p t o 1 3 , 2 m , b e a m u p t o 4 5 m , n o n - s p e c i f i c s t o r a g e w i t h c a r g o s o f o t h e r B u y e r s w i t h q u a l i t y p r e s e r v a t i o n . C I F d e s t i n a t i o n p o r t s p e c i f i e d b y t h e A pplicant in its commercial bid (through the mentioned ports and terminals). With the possibility of transferring the Goods to ITT upon the Sellers agreement, with the subsequent provision by the Buyer of the bill of lading within 30 days after the date of its issue.* Partial purchase of the Goods is possible. In case of selling a lot of oil product in the amount of up to 50 000 tons monthly on on the terms of delivery FOB, it is possible to re-direct the monthly Goods lot towards other ports on the terms of delivery FOB, upon the Sellers agreement, ensuring the equivalent correction value on the basis of FCA st. Barbarov. In case the nominated volume of oil product is less than the volume of a possible tanker lot which is acceptable for the relevant terminal, the Buyer undertakes to nominate a tanker for a monthly goods lot shipment within the period specified by the Seller for the delivery of the corresponding monthly Goods lot, preventing the storage and accumulation of several monthly Goods lots at the terminal. The sale of the Goods for bunkering purposes is effected: with the delivery to domestic railway stations or with submission of supporting documents: The Buyer shall within 60 calendar days from the date of the Goods shipment completion provide copies of documents confirming the intended use of the purchased oil product: - inspector report (indicating the numbers of rail tank cars and the amount of fuel oil); - import (indicating the number of the inspector's report from which the cargo is written off, the name of the bunker vessel and the amount of fuel loaded) and export (indicating the number of the import bill of entry, the name of the recipient vessel, the amount of fuel and the number of the bunker delivery receipt) bill of entry or - T1 customs transit declarations (indicating the number of the inspector's report from which the cargo is written off, the name of the recipient vessel, port, and the amount of delivered bunker fuel); - orders for bunkering; - bunker delivery receipts (BDR) (indicating the name of the recipient vessel, the amount of bunker fuel delivered and port of supply). If the Goods are sold on the terms FCA st. Barbarov in the direction of the ports of the north-western region of the Russian Federation, the Buyer shall provide the documents confirming the fact of loading the oil product onto the tanker in the ports of the north - western region of the Russian Federation: - bill of lading; - discharge certificate; - other documents as requested by the Seller. Should the Buyer fail to provide the abovementioned documents, the Buyer undertakes to pay to the Seller within 10 (ten) calendar days from the date of the notification receipt from the Seller, a fine in the amount of 20% of the delivered Goods cost, as well as a penalty in accordance with the applicable legislation of the Republic of Belarus, payable by the Seller to the budget. The delivery bases may be changed/specified before the tender date. The tender is held in one round without the procedure of sending to Applicants the requests to improve their bids. The tender is held with no right to change or to withdraw by the Applicant the submitted commercial bid after expiration of the period set for the bids acceptance: 14:00 (Minsk time), September 19, 2019. The tender is subject to a deposit. The terms of the Goods selling: Seller: CJSC Belarusian Oil Company (the Republic of Belarus), BNK (UK) Ltd (the United Kingdom of Great Britain and Northern Ireland); Buyer: the Applicant announced as the Tender Winner; Producer: J S C M o z y r O i l R e f i n e r y . T h e q u a l i t y o f t h e G o o d s t o b e s o l d : a s p e r A t t a c h m e n t w i t h t h e g u a r a n t e e o f A l + S i 4> 6 0 p p m c o n t e n t u p t o 6 0 p p m . T h e s h i p m e n t o f e a c h m o n t h l y G o o d s l o t m a y b e a g r e e d i n s e v e r a l s t e p s : w i t h i n t h e p e r i o d f r o m t h e 1 8 t h d a y o f t h e m onth preceding the month of the final price formation accepted for a definite agreed Goods lot till the 5th day (inclusive) of the month of the final price formation accepted for a definite agreed Goods lot. The Buyer has no right to decline the offered Goods volume in case of receiving the notification up to the 5th day (inclusive) of the month of the final price formation. Should the Seller inform the Buyer of the volume of a definite agreed Goods lot after the 5th day of the month of the final price formation accepted for a definite Goods lot, the Buyer shall have the right to reject the acceptance of the offered Goods volume by written notification to the Seller within 1 (one) business day from the information receipt. If such notification is submitted later than 1 (one) business day from the information receipt the additionally confirmed volume of Goods is deemed accepted. Should a monthly Goods lot be confirmed from the first day of the month of the final price formation, a quotation period from the date of the Goods lot confirmation till the last day of the month of the final price formation (inclusive) shall be used for the final price calculation. No later than 1 (one) business day from the date when the preliminary EUR/USD exchange rate is fixed the Seller and the Buyer sign a respective additional agreement to the contract stipulating the Goods delivery. The date of invoicing shall be no later than 1 (one) business day from the date when the preliminary EUR/USD (EURO/US Dollar) exchange rate is fixed. Currency of the Goods price calculation and payment: Euro. Terms of payment: MANDATORY: 100% advance payment of the agreed monthly Goods lot, not later than two banking days before the end of the month preceding the month of the final pricing. Should 100% advance payment for the agreed monthly Goods lot be impossible no later than two banking days before the end of the month preceding the month of the final pricing, due to the date of nomination of the monthly Goods lot or part thereof, the payment for the agreed Goods lot shall be made within 2 (two) banking days from the date of the invoice issued by the Seller. OPTIONALLY (excluding for the bunkering purposes): 1.Payment within 3 (three) calendar days from the date of: for the delivery basis FOB/CIF - bill of lading (bill of lading issuance day shall be considered as day zero); for the delivery basis ITT Delivery-Acceptance certificate (Delivery-Acceptance certificate day of issue shall be considered as day zero). The payment shall be made by an irrevocable letter of credit (standby letter of credit), which is opened by the Buyer within 5 banking days from the date of nomination (confirmation of a monthly Goods lot for sale). L/C is opened in a bank with a rating assigned by the international rating agency Moodys not lower than Ba1 and/or Fitch not lower than BB + and/or Standard and Poors not lower than BB + or other bank agreed by the Parties. The effective term of L/C shall be at least 75 calendar days. All costs regarding the L/C shall be borne by the Buyer. L/C cash in the event of the Buyers breach of payment obligations shall be made upon the Sellers provision of a copy of the invoice and payment request to the bank. OR (IN THE SELLERS OPTION) This payment shall be secured by a documentary irrevocable letter of credit, which is opened by the Buyer within 5 banking days from the date of nomination (confirmation of a monthly Goods lot for sale). The payment of such L/C shall be made 70 calendar days after the date of L/C opening/from the date of the proforma invoice and the sellers declaration issue. L/C is opened in a bank with a rating assigned by the international rating agency Moodys not lower than Ba1 and/or Fitch not lower than BB + and/or Standard and Poors not lower than BB + or other bank agreed by the Parties. In any case, the acceptability of the issuing bank shall be preliminary agreed with the Seller and before the nomination of the Goods shipment. The L/C shall be paid (including, but not limited to) as per the Sellers original proforma invoice and the Sellers original declaration confirming the Sellers obligations to ship the Goods of the appropriate quality and within the time period specified in the Contract. The parties may additionally agree on the submission, within the framework of L/C or above it, of the final commercial invoice and the shipping document confirming the Goods shipment, as well as the final settlement procedure. The costs of the issuing bank and correspondent banks for the opening, payment, processing, modification of L/C shall be borne by the Buyer. Expenses of the Sellers bank, as well as the expenses related to possible financing under this L/C shall be borne by the Seller. The letter of credit shall be governed by Uniform Customs and Practice for Documentary Credits UCP 600 (ICC publication N600). Should the Buyer fail to timely collect the Goods, in accordance with the terms of the contract, the Buyer shall pay the Sellers expenses for financing in the amount of 6% per annum. 2. 100% advance payment, made in equal parts every 10 days during the period of the Goods shipment from JSC Mozyr Oil Refinery. The payment for the first lot shall be made no later than two banking days before the end of the month preceding the month of the final pricing. Should 100% advance payment for the agreed monthly Goods lot be impossible no later than two banking days before the end of the month preceding the month of the final pricing, due to the date of nomination of the monthly Goods lot or part thereof, the payment for the agreed Goods lot shall be made within 2 (two) banking days from the date of the invoice issued by the Seller. The decision to award the right to conclude a Supply Contract with the possibility of making a payment on the terms specified as OPTIONAL will be made by the Tender Organizer depending on the economic feasibility, which will be determined after consideration of the Tender participants bids. Settlement procedure: the Buyer and the Seller effect payments through accounts and correspondent accounts in European banks only Formula pricing (FCA/DAP/FOB/CIF) is applied. The provisional price (Pr(P)) is calculated as follows: Pr(P)=((Pl(P) +D)*1,1)/ K(P) EUR/USD, where Pl(P) average value of the basic quotations rounded to the second decimal place for the period from the 1st to the 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton for the respective position as per quotations of Platts agency in its publication Platts European Marketscan. D - correction on the chosen basis: FCA/FOB/CIF offered by the Buyer in the bid, in US dollars per metric ton; K(P) EUR/USD Euro/US Dollar foreign exchange rate of Bloomberg agency BFIX 14:00 Frankfurt available on the following link: HYPERLINK "http://www.bloomberg.com/markets/currencies/fxfixings" http://www.bloomberg.com/markets/currencies/fxfixings -for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot; -for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation on the date following the date of confirmation the Goods for sale. In the event that there is no rate quoted on such a day the next following publication shall apply. The final price (Pr ( F ) ) o f t h e G o o d s s h a l l b e c a l c u l a t e d a c c o r d i n g t o t h e f o l l o w i n g f o r m u l a : V a r i a n t I : P r ( F ) = ( P l ( P ) + D + K ) / K ( P ) E U R / U S D + ( l ( F ) - l ( P ) ) / K ( F ) E U R / U S D , w h e r e P l ( P ) a v e r a g e v a l u e o f t h e b a s i c q u o t a t i o n s , r o u n d e d t o t w o d e c i m a l p l a c e s , f o r t h e p e r i o d f r om the 1st to 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton for the respective position as per quotations of Platts agency in its publication Platts European Marketscan; D - the correction on the chosen basis: FCA/FOB/CIF offered by the Buyer in the bid, in US dollars per metric ton; K escalation/de-escalation factor by quality based on the actual value of the Goods quality parameters (gravity, kinematic viscosity) determined by an independent inspector in the shore tanks of the loading port. by density: in the amount of (-/+) 0,20 USD/t for each 0,001 kg/l above/lower 1,000 kg/l at 15oC; by kinematic viscosity: in the amount of (-/+) 0,20 USD /t for each complete 10 cSt above/lower 700 cSt (mm2/s) at 50 >!; A c t u a l q u a l i t y s h a l l b e d e t e r m i n e d : f o r F O B / C I F d e l i v e r i e s : a s p e r q u a l i t y c e r t i f i c a t e i s s u e d b y a n i n d e p e n d e n t i n s p e c t o r f o r s h o r e t a n k s a t l o a d i n g p o r t ; f o r F C A s t . B a r b a r o v / D A P b o r d e r R e p u b l i c o f B e l a r u s : a s a n a v e r a g e o f t h e s e p a r a m e t e r s f o r a m o n t h G o o d s l o t a s p e r q u a l i t y p a s s p o r t s i s s u e d b y r e f i n e r y f o r e v e r y s h i p p e d G o o d s l o t w i t h i n a m o n t h G o o d s l o t ; l ( F ) t h e a r i t h m e t i c a v e r a g e o f b a s i c q u o t a t i o n s r o u n d e d t o t h e s e c o n d d e c i m a l p l a c e t h r o u g h o u t a l l q u o t a t i o n d a y s o f t h e m o n t h o f t h e f i n a l p r ice formation for the respective position as per quotations of Platts agency in its publication Platts European Marketscan indicated while confirming a definite Goods lot, in USD per metric ton; K(P) EUR/USD Euro/US Dollar foreign exchange rate of Bloomberg agency BFIX 14:00 Frankfurt published on the web-site of the agency and available on the following link: HYPERLINK "http://www.bloomberg.com/markets/currencies/fxfixings" http://www.bloomberg.com/markets/currencies/fxfixings: -for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot; -for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation on the date following the date of confirmation the Goods for realization. In the event that there is no rate quoted on such day the next following publication shall apply. K(F) EUR/USD Euro/US Dollar foreign exchange rate of Bloomberg agency BFIX 14:00 Frankfurt published on the web-site of the agency and available on the following link: HYPERLINK "http://www.bloomberg.com/markets/currencies/fxfixings" http://www.bloomberg.com/markets/currencies/fxfixings on the second quotation day following the final quotation day of the month of final price formation. Variant II: Pr(F)=( l ( F ) + D + K ) / K ( F ) E U R / U S D , w h e r e l ( F ) t h e a r i t h m e t i c a v e r a g e o f b a s i c q u o t a t i o n s r o u n d e d t o t h e s e c o n d d e c i m a l p l a c e t h r o u g h o u t a l l q u o t a t i o n d a y s o f t h e m o n t h o f t h e f i n a l p r i c e f o r m a t i o n f o r t h e G o o d s l o t g i v e n i n U S D p e r m e t r i c t o n f o r t h e r e s p e c t i ve position as per quotations of Platts agency in its publication Platts European Marketscan; D - the correction on the chosen basis: FCA/FOB/CIF offered by the Buyer in the bid, in US dollars per metric ton; K escalation/de-escalation factor by quality based on the actual value of the Goods quality parameters (gravity, kinematic viscosity) determined by an independent inspector in the shore tanks of the loading port. by density: in the amount of (-/+) 0,20 USD/t for each 0,001 kg/l above/lower 1,000 kg / l a t 1 5 o C ; b y k i n e m a t i c v i s c o s i t y : i n t h e a m o u n t o f ( - / + ) 0 , 2 0 U S D / t f o r e a c h c o m p l e t e 1 0 c S t a b o v e / l o w e r 7 0 0 c S t ( m m 2 / s ) a t 5 0 >!; A c t u a l q u a l i t y s h a l l b e d e t e r m i n e d : f o r F O B / C I F d e l i v e r i e s : a s p e r q u a l i t y c e r t i f i c a t e i s s u e d b y a n i n d e p e n d e n t i n s p e c t o r for shore tanks at loading port; for FCA st. Barbarov/DAP border Republic of Belarus: as an average of these parameters for a month Goods lot as per quality passports issued by refinery for every shipped Goods lot within a month Goods lot; K(F) EUR/USD the average value of Euro/US Dollar foreign exchange rates of Bloomberg agency BFIX 14:00 Frankfurt published on the web-site of the agency and available on the following link: HYPERLINK "http://www.bloomberg.com/markets/currencies/fxfixings" http://www.bloomberg.com/markets/currencies/fxfixings throughout all days of the month of the final price formation when exchange rates are published. The final price of the 1st monthly agreed Goods lot is calculated throughout all quotation days of October 2019 for the applied pricing period (estimated period of shipment October 2019 November 2019); The final price of the 12th monthly agreed Goods lot shall be calculated throughout all quotation days of September 2020 for the applied pricing period (estimated period of shipment September 2020 - October 2020). Conditions for admittance to participate in the tender: Application To take part in the tender the Applicant shall submit to CJSC Belarusian Oil Company not later than September 18, 2019 an application stating the planned monthly Goods volume to be purchased, on the basis of which the amount of the bidding deposit shall be calculated. It is also essential to provide details necessary to conclude Tender Participation agreement. It is highly recommended to send the application written on the companys letterhead. The Application is not considered as a commercial bid. Set of documents To participate in the Tender of commercial bids, the bidder shall provide CJSCBelarusian Oil Company not later than September 18, 2019 a set of constituent and statutory documents (hereinafter Set of documents), which shall include: " C h a r t e r ( M e m o r a n d u m o f A s s o c i a t i o n ) ; " C e r t i f i c a t e o f R e g i s t r a t i o n ; " A n e x t r a c t f r o m t h e T r a d e r e g i s t e r o f t h e b i d d e r ' s c o u n t r y o f i n c o r p o r a t i o n o r o t h e r e q u i v a l e n t e v i d e n c e o f t h e l e g a l s t a t u s a n d l e g a l c a p a c i t y o f t h e e n t i t y r e c o g n i z e d a s s u c h b y t h e l e g i s l a t i o n o f t h e c o u n t r y o f i n c o r p o r a t i o n ( h e r e i n a f t e r - t h e E x t r a c t ) . T h e E x t r a c t s h a l l b e i s s u e d n o t l a t e r t h a n 6 m o n t h s b e f o r e t h e d a t e o f t h e T e n d e r ; " P o w e r o f a t t o r n e y c o n f i r m i n g t h e p o w e r o f a n a t u r a l p e r s o n t o s u b m i t o n b e h a l f o f t h e b i d d e r a c o mmercial bid, in case the bid is signed by a person not specified in the Extract. The power of attorney shall be signed by an authorized person. The documents shall be provided in print format, certified by a competent authority of the bidder country of incorporation (consular legalization, apostille, notarization - as applicable), translated into Russian. The translation shall be notarized or apostilled. The submitted documents shall be valid as of the date of the Tender. Should the Applicant fail to submit a set of documents in hard copy by the date of the Tender, such Company may be admitted to the Tender provided that the Tender organizer receives scanned copies of the set of documents in compliance with the required form, with obligatory subsequent submission of the documents in hard copy before the date of the official bidding results summarizing. The Tender organizer has the right not to consider for the purpose of the Tender the bid of the Applicant that did not submit specified documents within the established time limit, and not allow such a company to participate in subsequent Tenders held by CJSC Belarusian Oil Company. The documents shall be submitted separately from the bid by post or courier in a sealed envelope bearing the name of the company and a note Constituent documents of a bidder for participation in the tender for the selling (specify the type of oil products) to the following address: 4a-305 Leshchinsky Street, Minsk, the Republic of Belarus, 220140. It is not necessary to submit the constituent and statutory documents should they have been earlier submitted in the abovementioned form to CJSC Belarusian Oil Company, were taken for consideration and will remain relevant as of the date of the tender . Tender Participation Agreement In order to get admission to the tender the Applicant shall sign a Tender Participation Agreement with CJSC Belarusian Oil Company. The signed Tender Participation Agreement is to be submitted to CJSC Belarusian Oil Company not later than September 18, 2019. The Bidding Deposit The terms of the tender provide for a bidding deposit. In order to get admission to tender participation the Applicant concludes a Tender Participation Agreement with CJSC Belarusian Oil Company and effects payment to its account of the deposit based on the calculation of 10 EUR/t. of the nominal amount of the maximum monthly Goods lot planned for purchase. if intending to purchase both lots, the amount of a deposit shall be 1200000 EUR. The deposit is paid in order to guarantee the irrevocability and unchangeable character of the submitted by the Applicant bid and if announced as the Tender Winner the Applicant shall conclude the contract and shall pay the contract security. After the Tender Winner is defined the deposit amount is returned to an Applicant not announced as the Tender Winner within 7 (seven) banking days from the date the Tender Organizer receives a respective written request from the Applicant. In case the Applicant is announced as the Tender Winner, the deposit shall be returned after the Supply Contract is concluded and Contract Security is transferred to the banking account of BNK (UK) Ltd. Total amount of the Applicants deposit passes into the Tender organizers ownership (or to the person in whose interests the Tender organizer acts) without any dispute from the moment of making a relevant decision by the Tender Organizer in case the Applicant withdraws the submitted commercial bid or makes an alteration (alterations) of the bid within the period from the moment of the bid submission to the official bidding results summarizing; the refusal (avoiding) of the Applicant, recognized as the winner to conclude the Contract (including the form of inaction) and the additional agreement for the delivery of the first agreed Goods lot under the declared terms and conditions upon the announcement of the Tender commercial bids, refusal (evasion) of the Applicant announced as the Tender Winner to transfer Contract security funds to the Tender Organizer. The procedure of payment, utilization and refund of the deposit and Applicants liability is defined by the Tender Participation Agreement. The date of the deposit payment is not later than September 19, 2019. The date of a deposit payment is the date of crediting the money funds to the account of CJSC Belarusian Oil Company, or submission to CJSC Belarusian Oil Company of a banking payment document confirming the actual payment of the deposit in favour of CJSC BNK, in this case the deposit amount shall be credited to the account of CJSC BNK before summarizing Tender results. Currency of deposit payment is Euro. The following companies shall not be admitted for participation: - Companies that did not conclude Tender Participation Agreement; - Companies that did not pay the deposit as per the established procedure; - Companies with unfair cooperation history regarding CJSC Belarusian Oil Company, OJSC Naftan, JSC Mozyr OR, Republican Unitary Enterprise Production Association Belorusneft, Unitary Enterprise Belarusian Oil Trade House and Belarusian Oil Companys affiliated entities; - Companies against which charges have been issued by the law enforcement or other public bodies of the Republic of Belarus or by corporate group Belneftekhim prohibiting cooperation with such companies. CJSC Belarusian Oil Company has the right to decline participation of a company in a tender without stating the reason for such decline. Tender terms Place of tender: CJSC Belarusian Oil Company, 4a-303 Leshchinsky Street, Minsk Tender time and date: September 19, 2019, 14:00, local time in the Republic of Belarus. We shall consider bids entered to CJSC Belarusian Oil Company not later than 14:00 (local time) on September 19, 2019. Please, submit your bids to the following address: 4a-305 Leshchinsky Street, Minsk, the Republic of Belarus, 220140. Commercial bids should be sent by post or courier in a sealed envelope with a note: The open tender of commercial bids for selling (specify the type of oil product). DO NOT OPEN. Commercial bids may be also sent via fax (fax number to be advised later) from 12:00 till 14:00 (local time) on September 19, 2019. In addition, a scanned copy of the tender bid may be sent by e-mail (e-mail address to be advised later) from 12:00 till 14:00 (local time) on September 19, 2019. The Tender Organizer bears no responsibility for the faulty operation of fax or e-mail connection. The Applicant has no right to change or to withdraw the submitted commercial bid after expiration of the period set for the bids admission: 14:00 (time in the Republic of Belarus) on September 19, 2019. For consideration are accepted tender bids which are submitted in accordance with the form which is an integral part of the given terms and conditions and the Tender Participation Agreement concluded with the Applicant (Appendix No. 2) and signed by an authorized person with the signature clarification and sealed. The Language of the tender bid shall be Russian or English. Mandatory information to be included into the Applicants tender bid: Name of the Goods; Producer; Goods delivery basis (FCA st. Barbarov/DAP border of the Republic of Belarus/FOB port of loading/CIF Buyers port according to INCOTERMS 2010); Claimed volume of the Goods to be purchased; Payment terms: 100% advanced payment of the agreed monthly Goods lot not later than two banking days before the end of the month preceding the month of the final pricing. Price: on the terms FCA st. Barbarov/FOB port of loading/ CIF destination port for delivery bases FCA st. Barbarov and DAP border of the Republic of Belarus/FOB port of loading/CIF destination port in USD per metric ton of the Goods; An Applicant who also takes part in an open tender of commercial bids for long-term sale of Fuel oil 100 of OJSC Naftan origin on September 19, 2019 and who has the intention to purchase both tendered oil products (Fuel oil produced by OJSC Naftan and JSC Mozyr Oil Refinery) shall indicate the premium to the correction offered for the Fuel oil produced both by OJSC Naftan and JSC Mozyr Oil Refinery on the chosen basis in US dollars per metric ton of the Goods if recognized as a Tender winner in both tenders. The country of the Goods destination. The Applicant has the right to choose the Goods delivery basis until the moment a commercial bid is submitted. When submitting a commercial bid the Applicant is obliged to specify in its bid a delivery basis (indicating the port and terminal of loading), without the option to choose the delivery basis at the Applicants discretion after the Applicant is announced as the Tender winner. Should the tender bid contain no indication of loading port and terminal chosen by the Applicant as the basis for delivery and/or pricing, the Tender Organizer, at its own discretion, determines the delivery basis and/or pricing for such an Applicant as per the terms and conditions of the tender. The tender Applicant is obliged to include the abovementioned information into its tender bid. The bids submitted by tender Applicants, containing additional conditions which contradict the terms and conditions of organization and holding the tender, specified in the present notice, will not be accepted by CJSC BNK for consideration when summarizing the results of the Tender. To evaluate and compare commercial tender bids submitted by the Applicants, the Tender Organizer re-calculates the submitted bids on the chosen delivery bases (FOB port of loading/ CIF destination port) to the terms of FCA st. Barbarov, taking into account transport and logistics costs for the delivery of the Goods from st. Barbarov to the appropriate terminal, storage and transshipment of the oil product at the terminal which will be determined by the Applicant based on the existing railway tariffs and rates offered to the Tender Organizer by the appropriate terminal for the present long-term program, Sellers financing costs. The currency of the bid: US dollars Tender bids evaluation criteria for the purposes of determining the best one (applied consistently): 1) the highest offered price correction (re-calculated to the terms of FCA st. Barbarov); 2) submission of a commercial bid on the terms of 100% advance payment within two banking days before the end of the month preceding the month of the final pricing; 3) the largest volume declared for purchase (applies for the divisible lot). The term of bids consideration and tender closing (with tender award decision or without tender award decision): max. 4 (four) working days (in the Republic of Belarus), excluding the date of the tender (tender bids acceptance), i.e. up to September 25, 2019. The term of validity of the bid: min. 6 (six) working days (in the Republic of Belarus) from the date of the tender (tender bids acceptance) including, i.e. up to September 26, 2019. In case the tender deposit is not credited to CJSC BNK accounts until the date of tender closing the bid from the Applicant admitted to tender participation on the basis of the banking payment document shall not be taken into account when tender results are summarized. Tender process: in accordance with local time of the Republic of Belarus. During the tender CJSC Belarusian Oil Company has the right to ask Applicants to clarify the terms of submitted tender bids. The tender Applicant announced as the Tender Winner shall be notified of it not later than 1(one) business day from the date the Tender is closed and the Tender commission has made a decision on Tender results not later than on September 26, 2019. The Applicants not announced as Tender Winners shall be notified on results of their bids consideration within 2 (two) business days from the date the Tender is closed and the Tender commission has made a decision on Tender results not later than on September 27, 2019. Contract conclusion with the Tender Winner The Tender Applicant announced as the Tender Winner is obliged within 2 (two) business days from the date of the written notification to conclude a Supply contract the draft of which is placed by CJSCBelarusian Oil Company on the web-site HYPERLINK "http://www.bnk.by" www.bnk.by): With CJSC BNK for delivery on the terms FCA st.Barbarov; With BNK (UK) Ltd. (Great Britain) for delivery on the terms FOB (port of loading)/CIF Buyers port. Proposals made by the Tender Applicant announced as the Tender Winner regarding the amendments and supplements to the draft contract presented by CJSCBelarusian Oil Company on the web-site HYPERLINK "http://www.bnk.by" www.bnk.by may be taken by CJSCBelarusian Oil Company for consideration subject to the principle of the rights equality in respect of all Tender Applicants. The Tender applicant announced as the Tender winner can conclude a contract on delivery basis DAP border of the Republic of Belarus with BNK (UK) Ltd an affiliated company of CJSC BNK (the contract is to be concluded within 2 (two) business days from the date of written notification) and the price of the tender bid in this case shall be increased by 0,01 USD per ton. When concluding the contract on delivery basis DAP border of the Republic of Belarus the railway rate for transportation of 1 metric ton of the Goods shall be added to the price on delivery basis FCA st. Barbarov (Belarusian Railways) to a specified border crossing station for four-axle cars of the inventory Belarusian railway fleet if loading 50 t., which is applied when calculating the preliminary price at the date of the Goods sale and calculated on the basis of the average USD/BYN exchange rate of the month preceding the month of sale and published on the web-site of the National Bank of the Republic of Belarus ( HYPERLINK "http://www.nbrb.by/statistics/Rates/AvgRate/" http://www.nbrb.by/statistics/Rates/AvgRate/). In case of a change in the railway tariff, the railway tariff applicable at the date of shipment of the Goods calculated using the average USD/BYN exchange rate for the month preceding the month of sale published on the website of the National Bank of the Republic of Belarus (http: //www.nbrb. by/statistics/Rates/AvgRate /). When concluding the contract on delivery basis DAP border of the Republic of Belarus the railway rate shall be converted to EURO using EUR/USD BFIX 14:00 Frankfurt foreign exchange rate published by Bloomberg agency on the web-site HYPERLINK "http://www.bloomberg.com/markets/currencies/fx-fixings" http://www.bloomberg.com/markets/currencies/fx-fixings corresponding to EUR/USD exchange rate BFIX 14:00 Frankfurt in the price formula. The delivery of the Goods is made by rail in tank cars of the general fleet of the railways in compliance with the procedure special conditions transportation (the period of approval the procedure special conditions transportation for the entire shipment period for one Consignee makes approximately 21 calendar days form the date of the Consignors JSC Mozyr Oil Refinery application to the Administration of the Belarusian Railway, provided that the Consignor has the full information regarding the Consignee details) in accordance with the shipping details, which are provided by the Buyer to the Seller in the form of a shipping order. While shipping the Goods on the terms DAP in rail tank cars of the inventory Belarusian railway fleet the Seller shall empower the Buyer to free usage of such rail tank cars for the periods from the date of delivery of the Goods during the terms corresponding to the delivery periods which are defined in Clause 24 of the Agreement on International Cargo Transportations (SMGS) that came into effect on 01.11.1951 and also for the period of 48 hours for the discharge of the Goods from rail tank cars at the end station indicated by the Buyer when providing the shipping orders. The time of the free usage of rail tank cars of the inventory Belarusian railway fleet shall be defined by the calendar dates of the corresponding marks made in the railway bill at the railway stations during the travel of the rail tank cars loaded with Goods. The date of the empty rail tank cars return to the end-station after discharge shall be defined by the date of the forwarding railway bill. In case if the time limits of free usage of rail tank cars of the inventory Belarusian railway fleet are exceeded as a result of the Buyers action/inaction, the Seller shall have the right to raise a claim for contract terms violation and the amount of penalty shall be calculated on the basis of 100 US dollars per each day exceeding the said terms per each rail tank car in respect of which such term was breached. Invoices issued by the Seller for the exceeded time limits of the free usage of rail tank cars of the inventory Belarusian railway fleet shall be paid pursuant to the terms and conditions stipulated in the Supply Contract. The Buyer shall have the right to demand from the Seller the copies of the documents to confirm the actual reason for the invoiced sum. Contract Security The tender Applicant recognized as the Tender Winner (the Buyer) shall transfer to the Sellers account the funds in the amount of 10% of the cost of the monthly Goods lot (nominal quantity without taking into account the positive option) calculated at the provisional price of the first agreed monthly Goods lot (Contract security) within 2 (two) banking days from the date of the Seller's invoicing. The date when the money funds are credited to the Sellers account is deemed the date of the Contract Security payment. To secure the Buyers performance of its obligations under the Supply Contract the Contract Security shall remain on the Sellers account till their complete fulfillment by the Buyer. The Contract Security shall be returned to the Buyer under its written request after the final settlement of the Parties under the Contract, or may be used for repayment of the Buyers outstanding amounts to the Seller under the Contract. The Contract Security or part thereof remaining after the repayment of the Buyers outstanding amounts to the Seller under the Contract, if any, shall be returned by the Seller within 15 (fifteen) banking days from the date of receipt of the Buyers invoice provided that the Reconciliation Report signed by both Parties is available for the Seller. Date of the Contract Security return is the date of money funds debiting from the Sellers account. Additional Provisions Should the capacity of JSC Mozyr Oil Refinery be decreased or temporary discontinued the Buyer accepts the actually delivered volume of the Goods without demanding from the Seller the delivery of the full volume of the agreed Goods lot. Should it be impossible to deliver the Goods for the reasons beyond the Sellers control or if the Buyer breaches the terms of payment, date of signing of additional agreements (to the Supply contract) on the Goods price calculation, the Seller has the right to reduce the volume of the agreed Goods lot to be delivered. The Seller is to undertake all reasonable efforts to perform the agreed monthly deliveries in full. The term of delivery and the validity period of the Supply contract are subject to prolongation till the full unloading of the contractual volume of the Goods upon the Sellers and the Buyers agreement. The Seller and the Buyer are relieved from any responsibility for the partial or complete default of their obligations under the Supply Contract, if they prove by documents that proper fulfillment of their obligations became impossible due to shut-down, unscheduled repairs of JSC Mozyr Oil Refinery facilities or due to force-majeure occurrence. The Parties shall bear no responsibility for the failure to properly fulfil their obligations under the Contract by virtue of provisions of law or other laws and regulations (other documents binding for the Seller / consignor) currently in force that prevent the Contract fulfilment, adopted by the respective state authorities or organizations and Belarusian State Concern of Oil and Chemistry (Belneftekhim concern) in particular, in case they were adopted (published) after the Contract signing and directly affect its fulfillment. For deliveries of the terms FCA st. Barbarov/DAP border of the Republic of Belarus: In case of violation of the terms and/or conditions for the provision of shipping orders, the Buyer shall pay a penalty in the amount of EUR 0.35 per each ton of the Goods to be shipped for each day of the period during which the specified obligations were not fulfilled by the Buyer, including the date of the obligation performance. Should the Buyer breach the terms of payments stipulated in the Contract and corresponding additional agreement, the Buyer shall upon the Sellers request pay to the Seller a penalty at the rate of 0.05% of the amount outstanding per each full calendar day of the payment delay including the day of the money funds crediting to the Sellers account. If the delay exceeds 50 (fifty) banking days from the date of shipment the penalty will be imposed at the rate of 2% from the outstanding amount per each calendar day of the payment delay. Anti-corruption provisions in accordance with the Appendix No 3. For deliveries on the terms FOB/CIF: The Seller reserves the right to fix the period of the tanker nomination to the Buyer without bearing any liability to the Buyer for possible losses. When selling the Goods on the terms FOB, the Buyer undertakes to provide tankers to ports for the Goods loading within the terms agreed with the Seller. The nomination of the tanker shall be made by the Buyer upon the agreement with the Seller. Should the Buyer breach the terms of payments stipulated in the Contract and corresponding additional agreements, the Buyer shall pay to the Seller a penalty at the rate of 0.05% of the amount outstanding per each full calendar day of the payment delay including the day of the money funds crediting to the Sellers account. Should the Buyer fail to make 100% payment of the Goods cost within 2 days or does not open L/C within 5 banking days from the date of nomination, the Seller has the right, at its sole discretion, to terminate the Contract by sending a written notice to the Buyer and without further liability to the Buyer. Should the Buyer fail to load the full quantity of the Goods within the period specified in the Contract the final price of the Goods shall be increased by 0,05% of the Contract value of the unlifted goods per full calendar day of delay in lifting; and the Seller shall have the right, at its sole discretion, to cancel the delivery of the unlifted Goods and / or to terminate the Contract without further liability to the Buyer. Anti-corruption provisions in accordance with the Appendix No 4. Governing Law and Arbitration The Contract concluded by the Applicant announced as the Tender Winner and CJSCBNK shall be governed b M i v 걞u_L9_ $hd' 5>*CJ OJ QJ aJ mH sH $h