English Text

Fees Agreement

This Agreement is made on this day _/__/__/1424Hcorresponding to __/__/2003 in the city of _______,by and between:

__/__/1424_________

FIRST PARTY:

_______ Sugar Industry & Trade Inc., a_______company registered in the city of _______, whoseaddress is__________represented for the signing ofthis Agreement by Mr. ________________, ownerand director general of the company and theGuarantor thereof.

___________________________________

______________

SECOND PARTY:

___________, a _______ national as per identityCard No. ______ dated __/__/____A.H., _______Register, whose address is _______, _______ District.

___________________________________

__________

Preamble

Whereas the first Party wishes to obtain a facility tofinance the construction of a project owned by it,namely, a sugar factory in _______ for a sum ofabout ($______) ____ U.S. Dollars, to be repaid tothe financing party over a period of five years.

________________

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Whereas the Second Party has special contacts withthe _______ Company ______(lender), and hasexerted intensive efforts between the latter _______enterprise and the First Party, and played animportant role within particular arrangements aimedat convincing the lender to accept to finance thisproject of the First Party and to grant it the requiredloan mentioned above.

_____

Whereas the First Party has agreed to give theSecond Party a commission for its mediation andefforts if the said loan is received from the lender,and whereas the two parties wish to execute anagreement to this effect.

Therefore, with the help and guidance of Allah, thetwo parties being of full legal capacity as required by(Islamic) Shariah and with proper mutual offer andacceptance have agreed as follows:

First:

The above Preamble shall be considered an integralpart of this agreement.

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Second:

The First Party agreed to pay to the Second Party acommission of ___% (_____ percent) during each ofthe five years of the total sum of said finance, in USDollars, such that the total sum due to the SecondParty shall be US$ ____ (US Dollars _____) to berepaid in five annual installments, each year the sumof US$ ____ (US Dollars _____) and the First Partyundertook to pay a sum equivalent to thispercentage immediately and within a period notexceeding ten days from the date on which the FirstParty receives each installment of said loan. Thecommission will be paid by direct transfer to theSecond Partys account with the _______ Bank,_______ Street, A/C No. _______. The First Party alsoundertook that such percentage will be paid to theSecond Party from any sums paid by the lender tothe First Party for any other prospective projects thatmay be required, whether the lending to the FirstParty be direct or indirectly.

______

____________

____

____________

Third:

The signature by Mr. ______ of this agreement inaddition to his capacity as Director General of ______Sugar Industry & Trade Inc., (he) shall also bedeemed as personal guarantor for theimplementation of this agreement and he shallpersonally honor all the obligations of the First Partytowards the Second Party in respect of the clauses ofthis agreement.

__________

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Fourth:

The First Party declares that the Second Party shallnot be accountable for any faults, violations or anyother legal breaches within or outside _______ whichmay result or may have resulted from the enteringinto finance contract by and between the First Partyand the lender and that the role of the Second Partyis only confined to the efforts and mediation aimedat the First Partys obtaining the finance from thelender, without the Second Party being a partytherein, so that the Second Partys role shallcompletely end by the consummation of the financecontract and he shall then be entitled to the sum ofthe commission specified in clause two of thisAgreement.

____

Fifth:

This Agreement shall be governed by the lawsapplicable in the _______.

____

Sixth:

This Agreement has been drawnup in two originalcounterparts signed by the First and Second Partiesand the (two) witnesses mentioned below.

Doha on: / / 1424 A.H. Corresponding to __/__/2003 _____________/__/2003

FIRST PARTY:

________ SUGAR INDUSTRY & TRADE

_______

SECOND PARTY:

Represented and guaranteed by

Name:__________________ ___________________

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Signature:________________ _________________

(Witness):

(Name):

(Signature

English Text

In the Name of Allah, The Beneficent, The Merciful

MURABAHA DIRECT CUSTOMERE FINANCEAGREEMENT

THIS AGREEMENT is made as of the ___ day of_____, 2004

__________

BETWEEN:

(1) ARAB BANK, acting through its Islamic BankingDivision (the "Bank"), a bank incorporated under thelaws of the United Arab Emirates with a registeredoffice at Palestine Street, P.O. Box 612, Dubai 24661,United Emirates

telex no.757566 ARABDB , and

(2) ____ (The "Purchaser"), a ______ organizedunder the laws of the United Arab Emirates[andwholly owned by ____], with a registered office atDubai, United Emirates, telex no. ______ .

__________

_________

1. Introduction.

The Purchaser wishes to avail itself of a Murabahafinance facility (the "Facility") to be made availableto it by the Bank, whereby the Bank will, at therequest of the Purchaser, (i) purchase the [Goods](as hereinafter defined) identified to it by thePurchaser for the Cost Price (as hereinafter defined),and (ii) sell such [Goods] to the Purchaser ondeferred payment terms, and otherwise upon theterms and subject to the conditions hereincontained (as the same may be amended from timeto time hereafter by the mutual agreement of theparties), which terms and conditions shall in allrespects be in strict compliance with the Islamic

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principles of Murabaha financing

2. Definitions.

2.01 The defined terms used in this Agreement andin the Schedules shall have the meanings ascribed tothem in the Definitions contained in Annex 1,attached hereto.

2.02 References to Paragraphs, Clauses andSchedules are references to paragraphs of, clausesof and schedules to this Agreement.

2.03 Terms defined herein shall, where the contextso admits, have the same meanings in each of thePurchase Order With Promise To Purchase (The FirstSchedule), Confirmation of Terms (the SecondSchedule), the Notice of Acceptance of Sale (theThird Schedule), and the Promissory Note (TheFourth Schedule).

2.04 This agreement, its annexes and schedules forman integral part of this Agreement.

3. Creation of facility.

3.01 Murabaha Facilities.

Upon and subject to the terms and conditions of thisAgreement, the Bank agrees to make available tothe Purchaser a Murabaha finance facility (the"Facility") to finance the purchase of [Goods] fromthe Supplier at a price(s) negotiated by thePurchaser. As described further herein, once theBank has acquired the [Goods], the Bank will resellthe [Goods] to the Purchaser on deferred paymentterms providing for the Purchaser to pay to the Bankthe sum of (a) the Cost Price, plus (b) MurabahaProfit, as defined in Section 2.01 (together, the"Deferred Price"). Any such purchase and resale of[Goods] pursuant to the Facility shall be referred toas a "Transaction".

3.02 Amount of Facility Term.

The Facility shall consist of a revolving facility in anaggregate amount of [___] which may be used forone or more Transactions at any time commencingfrom the date of this Agreement, provided that theSettlement Date with respect to any Transactionhereunder must occur within the applicable

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Availability Period. The Purchaser shall pay to theBank in full the Deferred Price in respect of anyTransaction executed pursuant to the Facility, on theClosing Date for such Transaction, which shall bewithin [___] days from the applicable SettlementDate. The total aggregate Deferred Priceoutstanding at any one time under this Facility andany previous Facility shall not exceed the applicableFacility Amount.

_____

4. Purchase Orders by Purchaser.

From time to time, Purchaser may present to theBank one or more proposals for the Banks purchaseand subsequent sale of [Goods] in accordance withthe terms of this Agreement, by submitting aPurchase Order With Promise to Purchase in theform set forth in the First Schedule. Thetransmission of the Purchase Order shall constitutePurchasers representation to the Bank that theClosing Date with respect to the relevantTransaction shall occur no later than the FinalMaturity Date.

5. Conditions Precedent.

The Bank shall not consider any request fromPurchaser until the Bank shall have received, in formand substance satisfactory to it, each of thefollowing:

(i) a detailed description of the [Goods] proposed tobe purchased hereunder and the terms andconditions applicable to such purchase, togetherwith any agreements, correspondence or similardocuments, and/or a letter from Purchaser to Bankoutlining any and all details of any oralcommunications or agreements between thePurchaser and Supplier, relating to any terms andconditions which may be relevant to the proposedTransaction, or which relate to prior dealingsbetween the Purchaser and Supplier for similartransactions

(ii) a certified true copy of the CommercialRegistration, Articles of Association, or otherconstitutive documents, to be valid as of theSettlement Date, of the Purchaser and any SecurityParty (being a corporate entity)

(iii) each of the Security Documents executed by theSecurity Party who or which is a party thereto,

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together with, if practicable, any property or assetswhich is or are the subject matter thereof

(iv) a certified true copy of the latest auditedfinancial statements of the Purchaser

(v) a Purchase Order With Promise To Purchase,including any amendments thereto requested by theBank, executed by the Purchaser

(vi) a legal opinion of the Purchasers counsel, to besatisfactory to the Bank in form and substance

(viii) such other documents as the Bank mayreasonably require.

All documents supplied by the Purchaser or anySecurity Party to the Bank hereunder shall be in theArabic or English language or accompanied by acertified Arabic or English translation.

6. Purchase by Bank.

6.01 Upon the delivery by the Purchaser to the Bankand by the Bank to the Purchaser of the documentsreferred to in Section 5 of this Agreement:

The Bank shall enter into a purchase agreementwith, and send a purchase order to, Supplier settingforth the terms and conditions of the applicablepurchase of [Goods] and shall cause Supplier to senda confirmation of such purchase order

The Bank shall cause Supplier to provide to the Bankall applicable Documents, in a form reasonablysatisfactory to Bank. Upon receipt of Documents bythe Bank, the Bank shall be deemed to haveacquired title to the [Goods]

Upon completion of the foregoing actions, the Bankshall determine the Murabaha Profit in accordancewith Section 2.01 of this Agreement and notify thePurchaser of the Murabaha Profit and the DeferredPrice by delivering a Confirmation of Terms in theform set forth in the Second Schedule; and

Immediately upon its receipt of the Confirmation ofTerms, the Purchaser shall deliver to the Bank a dulyexecuted Promissory Note in the form set forth in

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the Fourth Schedule.

6.02 The Bank will advise the Purchaser of any feesor charges incurred by Bank in the payment toSupplier which amount shall be included in the CostPrice.

6.03 The Bank and any holder in due course of thePromissory Note shall not be entitled to present thePromissory Note for payment until the occurrence ofthe Closing Date or the occurrence of anAcceleration Event (in which event the DeferredPrice for the relevant Transaction shall be due),whichever shall first occur.

7. Sale to Purchaser.

7.01 When the Bank acquires the title to the[Goods], the Bank will deliver to the Purchaser itsNotice of Acceptance of Sale in the form set forth inthe Third Schedule hereto. If the Bank so deliverssuch Notice of Acceptance of Sale, upon suchdelivery, the relevant Transaction will be completed.

7.02 Subject to (i) title to the [Goods] having beenacquired by the Bank and (ii) satisfaction of theconditions in Section 7.01 and 7.03, the Purchasershall be absolutely, unconditionally and irrevocablyobligated to pay the Deferred Price and all sumspayable hereunder in connection therewith.

7.03 When the Bank issues the Notice of Acceptanceof Sale set forth in the Third Schedule, ownership ofthe [Goods] shall immediately pass to and be vestedin the Purchaser, together with all rights andobligations relating thereto (including the benefit ofall of the Supplier's warranties and representationswhich are capable of being so transferred).

7.04 Notwithstanding the provisions of paragraph7.03 above, the Bank shall not be deemed to give tothe Purchaser any warranty relating to the [Goods],whether arising by implication, by law or statute orotherwise and, without prejudice to the generalityof the foregoing, any such warranty orrepresentation is hereby expressly excluded to theextent permitted by law.

7.05 The Purchaser shall obtain all necessarypermits, exchange control approvals, licenses and allother consents required by it in connection herewithand shall provide copies of such to the Bank.

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8. Prepayments.

The Purchaser may offer to prepay the whole or anypart of the Facility, together with accrued Murabahaprofits thereon and other amounts then due andpayable hereunder. The Bank shall have the right toaccept or reject such a prepayment offer. In case theBank accepts such repayment, the Bank is notobligated to return to the Purchaser any profit,provided that should the Bank fail to reject suchrequest within five business days from the date ofreceipt of the Purchasers prepayment offer, suchprepayment offer shall be deemed to be acceptedby the Bank.

9. Representations and Warranties.

The Purchaser hereby represents and warrants, andat all times during the term of this Agreement shallbe deemed to represent and warrant to the Bank,that:

(i) to the best of the Purchaser's knowledge,information and belief, all information given to theBank by the Purchaser in connection with thisAgreement is true

(ii) the Purchaser and each Security Party has fullpower and authority to enter into this Agreementand the Security Documents to which it is (or he) orthey are, respectively, a party and execution of thisAgreement and the Security Documents to which it(or he) is or they are, respectively, a party have beenduly authorized by all necessary corporate action

(iii) there are no governmental or administrativelicenses or consents required to permit the enteringinto and due performance of this Agreement andthe Security Documents in accordance with theirrespective terms

(iv) the obligations on the part of the Purchaser andeach Security Party arising under this Agreementand the Security Documents to which it (or he) is orthey are, respectively, a party shall constitute validand binding obligations of the Purchaser and eachsuch Security Party which, to the best of thePurchaser's knowledge and belief, are enforceable inaccordance with their respective terms

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(v) neither the entering into nor the performance ofthis Agreement or the Security Documents to whichit is (or he or they are), respectively, a party to shallconstitute or give rise to any breach of or defaultunder any agreement to which the Purchaser or anySecurity Party is bound

(vi) there are no withholding or income taxes, stamptaxes, registration taxes, duties or similar chargesapplicable to this Agreement or any of the SecurityDocuments or to any payment to be made by thePurchaser or any Security Party pursuant to theterms hereof or thereof

(vii) under the laws of the country of incorporationof the Purchaser in force at the date hereof, theclaims of the Bank against the Purchaser under thisAgreement will rank at least pari passu with theclaims of all its other unsecured creditors in respectof its other present and future unsecuredobligations

(viii) the execution of this Agreement and theSecurity Documents to which it (or any SecurityParty) is or they are, respectively, a party by thePurchaser and any Security Party constitutes privateand commercial acts and the Purchaser's or suchother Security Party's (as the case may be) exerciseof its (or his) obligations hereunder or there underwill constitute private and commercial acts done andperformed for private and commercial purposes

(ix) neither the Purchaser nor any Security Party isentitled to claim immunity from suit, execution,attachment or other legal process in the United ArabEmirates or its country of incorporation if other thanthe United Arabj Emirates.

10. Covenants.

10.01 During the period from the date of executionof this Agreement until the Purchaser has paid theDeferred Price, and all other sums required to bepaid by the Purchaser pursuant to this Agreement, infull, the Purchaser shall deliver to the Bank:

(i) as soon as the same becomes available but in anyevent within 180 days after the end of each of itsfinancial years, its audited balance sheet as at theend of such financial year and its profit and lossaccount for such financial year

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(ii) as soon as the same becomes available but in anyevent within 45 days after the end of the first half ofeach of its financial years, its balance sheet as at theend of such half-year and its profit and loss accountfor such half-year

(iii) from time to time on the request of the Banksuch further information about the business andfinancial condition of the Purchaser as the Bank mayreasonably require.

10.02 The Purchaser shall ensure that:

(i) each set of financial statements delivered by itpursuant to paragraphs (i) and (ii) of paragraph10.01 is prepared in accordance with internationallyaccepted accounting principles

(ii) each set of financial statements delivered by itpursuant to paragraphs (i) and (ii) of paragraph10.01 is certified by a duly authorized officer of thePurchaser as giving a true and fair view of thefinancial condition of the Purchaser as at the end ofthe period to which those financial statementsrelate and of the results of its operations duringsuch period and

(iii) each set of financial statements delivered by itpursuant to paragraph (i) of paragraph 10.01 hasbeen audited by a qualified and reputable firm ofinternational accountants.

10.03 The Purchaser shall further: (i) maintain a legalexistence throughout the term of this Agreement,and (ii) be in conformity with those applicable lawsof the United Arab Emirates failure to conform withwhich could adversely affect the Purchaser, itsoperations, or its ability to meet its financialobligations hereunder.

10.04 The Purchaser shall promptly notify the Bankof the occurrence of any Acceleration Event.

11. Acceleration Events.

11.01 If any of the following events (each an"Acceleration Event") shall occur and be continuing:

(i) the Purchaser or any Security Party shall fail topay any sum due under this Agreement or theSecurity Documents to which (or he) is or they are,

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respectively, a party at the time, in the currency andin the manner specified herein or therein or

(ii) any representation made by the Purchaser in orin connection with this Agreement proves to havebeen incorrect or inaccurate when made or deemedto be made at any time during the continuation ofthis Agreement and where such inaccuracy ormisrepresentation has an adverse effect on theinterests of the Bank or

(iii) the Purchaser or any Security Party defaults inthe due performance of any other obligation underthis Agreement or any of the Security Documents towhich it is (or he) or they are, respectively, a partyor

(iv) there is a material and adverse change in thefinancial condition of the Purchaser or any of theSecurity Parties which gives reasonable grounds forthe Bank to believe that the Purchaser or suchSecurity Party may not (or may be unable to)perform its (or his) obligations under this Agreementor the Security Documents to which it (or he) is orthey are, respectively, a party or

(v) the Purchaser or any Security Party (being acorporate entity) is or becomes insolvent or makes ageneral assignment for the benefit of or acomposition with its creditors or is declaredbankrupt by a court of law or any steps are taken forits dissolution or winding-up (except for the purposeof reconstruction or amalgamation, where the Bankhas been satisfied as to the transfer or otherwise ofthe Purchaser's obligations hereunder or suchSecurity Party's obligations under any SecurityDocument to which it is a party) or for theappointment of a receiver, trustee or similar officerof the Purchaser or any Security Party or all of any ofits assets or

[(vi) ______ dies or becomes incapable of managinghis affairs, or a petition is presented for abankruptcy order against him unless the petition iscontested in good faith on substantial grounds and isdismissed or withdrawn within 30 days afterpresentation (or anything analogous occurs in anyjurisdiction), any step is taken to enforce a securityinterest covering an asset of , or any event of thetypes mentioned in paragraph (vi) above (or of anysimilar type) occurs in relation to him or he ceases

_

_____________

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for any reason to be personally involved in the day-to-day management of the Purchaser for acontinuous period of three months or more or

(vii) at any time it is unlawful for the Bank to make,fund or allow to remain outstanding any amountowing to the Bank under this Agreement

then and in any such case, the Bank shall be entitledto require, by written notice to the Purchaser, thatthe Purchaser make immediate payment to the Bankof the Deferred Price together with all other sumsthen payable under this Agreement. If anAcceleration Event shall have occurred and becontinuing or shall exist and amounts shall havebeen declared payable pursuant hereto but remainunpaid, the Bank without notice to or demand uponthe Purchaser, may proceed to protect, exercise andenforce all rights and remedies under thisAgreement, the Promissory Note or any otherSecurity Document or applicable law in such orderand manner as the Bank shall determine in its solediscretion, including but not limited to disposition ofany [Goods] with respect to which the Murabahasale has not been completed, and proceeds therefrom.

11.02 The Purchaser shall also reimburse to theBank on demand all expenses (including, but notlimited to, legal fees and expenses, travel expenses,contingency fees, translation costs, and any stampor other similar duties or taxes and any court,registration, or recording fees in any applicablejurisdiction) reasonably incurred by it in preservingor enforcing or seeking to preserve or enforce any ofthe rights of the Bank under this Agreement or theSecurity Documents.

12. Payments.

12.01 On each date on which an amount is due fromthe Purchaser pursuant to this Agreement, thePurchaser shall before 12:00 noon (UnitedEmiratesn time) make the same available to theBank by payment in Emarati Dirhams in immediatelyavailable funds to such account of the Bank as theBank may specify.

12.02 All payments shall be made by the Purchaserto the Bank without deduction for and free from anypresent or future taxes, levies, imposts, duties,charges, fees, deductions, withholdings, restrictions

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or conditions of any nature imposed, levied,collected or assessed by any taxing authority (otherthan taxes, levies, imposts, duties, charges, fees,deductions, withholdings, restrictions or conditionson the overall net income of the Bank, or on thetransfer of the [Goods] from the Supplier to theBank) unless the Purchaser is compelled by law tomake any such deduction or withholding. In thatevent, the Purchaser will ensure that such deductionor withholding does not exceed the minimum legalliability therefore, will promptly pay to theappropriate authorities the amount deducted orwithheld, as soon as possible will supply a taxdeduction certificate to the Bank and will in additionpay such further amounts as may be necessary inorder that the net amounts received by the Bankafter such deduction or withholding shall equal theamounts which would have been received by theBank in the absence of such deduction orwithholding.

12.03 If any payment due from the Purchaser fallson a day which is not a Business Day, the paymentshall be made on the next succeeding Business Dayexcept where the next succeeding Business Day fallsin the next calendar month, in which event thepayment shall be due and shall be made on theimmediately preceding Business Day.

12.04 In the event of delay in payment of anyamount when due hereunder, the Purchaser shallpay to the Bank 15% per annum on the amount dueto the Bank, calculated with respect to the period ofsuch delay, to be donated to charity on behalf of thePurchaser by the Bank in accordance with therecommendations of its Shariah Supervisory Board.

13. Set-Off.

The Purchaser authorizes the Bank to apply anycredit balance in any currency to which thePurchaser is entitled in any account of the Purchaserwith the Bank in satisfaction of any sum which is dueand payable from the Purchaser pursuant to thisAgreement and which is then unpaid, provided thatthe Bank shall not be obligated to exercise any rightgiven to it by this paragraph.

14. Notices.

Any notices or other documents, other than thedocuments to be delivered by the Purchaser to the

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Bank and by the Bank to the Purchaser on theSettlement Date, to be given, served or senthereunder or otherwise in connection herewith shallbe in the English language and addressed as follows:

(a) in the case of the Purchaser, to it at its addressand telex and/or fax number aforesaid, or at suchother telex and/or fax number and address (as thecase may be) as the Purchaser shall from time totime notify in writing to the Bank and

(b) in the case of the Bank, to it at its address andtelex and/or fax number aforesaid, or at such othertelex and/or fax number and address as the Bankshall from time to time notify in writing to thePurchaser.

Notice by telex and/or fax shall be deemed to havebeen given at the time of transmission of the telexand/or fax and notice by shall be deemed to havebeen given when left at the address of theaddressee if delivered by messenger or courier or, ifmailed, seven days after being deposited in the mailfirst class registered airmail postage prepaid.

15. Law and Jurisdiction.

15.01 Subject to the requirements of Shariah, thisAgreement and the construction, performance andvalidity hereof shall be governed in all respects inaccordance with the laws of the United ArabEmirates.

15.02 In the event of any dispute or conflictbetween the parties as to the manner in which thisAgreement is to be interpreted or implemented, theparties shall refer the dispute to the Banks ShariahSupervisory Committee. The Banks ShariahSupervisory Committees decision shall be final,binding and unappealable. Should one of the partiesreject the decision of the Banks Shariah SupervisoryCommittee, the parties hereto hereby submit to theexclusive jurisdiction of the United Emirati MonetaryAgencys Committee for the Settlement of BankingDisputes.

15.03 To the extent that the Purchaser may in anyjurisdiction claim for itself or its assets immunityfrom suit, execution, attachment (whether in aid ofexecution, before judgment or otherwise) or otherlegal process and to the extent that in any suchjurisdiction there may be attributed to itself or its

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assets such immunity (whether or not claimed) thePurchaser hereby irrevocably agrees not to claimand hereby irrevocably waives such immunity to thefull extent permitted by the laws of such jurisdiction.

AS WITNESS the hands of the duly authorizedrepresentatives of the parties hereto the day andyear first before written.

for and on behalf of ARAB BANK

By: ____ _

Witness: ____

for and on behalf of [PURCHASER]

By: ___ _

Witness: ____

Annex 1

Definitions

"Acceleration Event" means any event so designatedin Paragraph 11 hereof and any event, which, withthe giving of notice or passage of time or thesatisfaction of any other applicable condition, maybecome such an event

"Agreement" means, collectively, this MurabahaDirect Customer Finance, the Purchase Order WithPromise to Purchase, the Banks Confirmation ofTerms, the Notice of Acceptance of Sale, and thePromissory Note

Availability Period means [_____] days from thedate hereof / up to __/___/___

Benchmark Rate means, with respect to aTransaction, the highest quoted rate which the Bankis offering for deposits in Emarati Dirhams withmaturities equivalent to the period from theSettlement Date to the Closing Date in respect ofsuch Transaction as shown on the display designatedas the SUAA page on the Reuters system at 11:00

SUAA

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a.m. (Riyadh time) on the Quotation Date

"Business Day" means a day on which banks areopen in the United Arab Emirates

Closing Date means, with respect to a Transaction,the date upon which the Purchaser shall pay theDeferred Price applicable to such Transaction to theBank in full, which date shall be no later than [Tenorof Individual Transactions] days after the SettlementDate for such Transaction

Confirmation of Terms means the letter to bedelivered to the Purchaser by the Bank confirmingthe amounts of the Deferred Price and theMurabaha Profit, such letter to be in the form setforth the Second Schedule

"Cost Price" means the amount to be paid tosupplier as set forth in Item 2(C) of the PurchaseOrder With Promise to Purchase, which amountshall include any value added tax, sales tax,registration or transfer tax or other similar taxes orduties (where applicable) payable thereon or inrelation thereto plus, the cost of all chargesincurred by the Bank in paying the Supplier, plus thecost of the Insurance Policy to the extent paid by theBank

"Deferred Price" means the amount set forth in Item9 of the Confirmation of Terms, which includes theCost Price plus the Murabaha Profit which shall bepaid on the relevant Closing Date in a single lumpsum installment

Facility Amount means AED _____ __

Final Maturity Date means a date [Tenor ofIndividual Transactions] days after the last day of theAvailability Period. All amounts owed to the Bankunder this Murabaha Direct Customer Finance mustbe paid on or prior to the Final Maturity Date

[Goods means the goods identified in Item 2(A) ofthe Purchase Order With Promise to Purchase, andany related schedule thereto

"Murabaha Profit" means an amount, which shall becalculated by the Bank with respect to eachTransaction by [applying to the Cost Price a profit

____

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return rate equal to the Benchmark Rate plus ____percent (__%) for the number of days between theSettlement Date and the Closing Date for suchTransaction]

___

"Notice of Acceptance of Sale" means the letter tobe delivered to the Purchaser by the Bankconfirming the Bank's acceptance of the Purchaser'sOffer to Purchase for the Deferred Price, such letterto be in the form set out in the Third Schedule or insuch other form as the Purchaser and the Bank shallagree

"Promissory Note" means a promissory note, in theform of the Fourth Schedule, issued or to be issuedby the Purchaser pursuant hereto

"Purchase Order With Promise To Purchase" meansthe letter to be sent by the Purchaser to the Bankrequesting that the Bank purchase the [Goods] andobligating the Purchaser to purchase the [Goods]from the Bank immediately thereafter, such letter tobe substantially in the form set out in the FirstSchedule or in such other form as the Purchaser andthe Bank shall agree

"Security Documents" means any document ordocuments from time to time executed as securityfor the obligations of the Purchaser under thisAgreement, including, without limitation

"Security Party" means any party executing aSecurity Document (as security provider) orotherwise giving security for the obligations of thePurchaser under this Agreement

"Settlement Date" means the date upon which theBank delivers the notice of Acceptance of Sale withrespect to any Transaction

Shipping Documents means [___] and other suchsimilar documents, sent by Supplier to Agent.

"Supplier" means the vendor(s) of the [Goods]identified in Item 2(F) of the Purchase Order WithPromise to Purchase

"Terms and Conditions" means the terms andconditions set out in Paragraphs 4 through 12hereof, inclusive and

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Transaction means a Murabaha purchase and salewith respect to which a Purchase Order WithPromise to Purchase has been delivered to the Bank.

THE FIRST SCHEDULE

PURCHASE ORDER WITH PROMISE TO PURCHASE

Date:____, 2004 ____

To: ARAB BANK

1. We refer to the Murabaha Direct CustomerFinance dated ____, 2004 between you and us.Unless otherwise defined, all capitalized terms usedherein have the meanings ascribed thereto in theMurabaha Direct Customer Finance.

____

2. We refer to our Murabaha Direct CustomerFinance dated ___, 2004, and hereby request thatyou purchase the [Goods] described below on theSettlement Date on the terms set forth in theMurabaha Direct Customer Finance and herein:

___

(A) Description of [Goods] (attach schedule ifnecessary):

(B)Origin of [Goods]:

(C) Amount to be paid to Supplier for [Goods]:

(D)Requested Settlement Date:

(E) Requested Closing Date:

(F) Supplier:

(G) Terms of payment, to be limited to sightpayments only.

(H) Date of Shipment.

(I) Form of purchase order to be used by Agent forthe purchase of the [Goods].

This Proposal shall remain open for your acceptancein accordance with the Murabaha Direct Customer

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Finance until __ the United Emirates Time on _____,2004.

__________

3. We hereby absolutely, unconditionally andirrevocably promise to purchase the [Goods] fromyou for the Deferred Price.

4. We are prepared to appoint Treasury as our agentfor the sale of the [Goods] to a Third Party otherthan the Supplier in accordance with the terms andconditions to be set forth in the Agency Agreement.

Yours faithfully,

[PURCHASER]

By:

Witness:

Witness:

__

_

THE SECOND SCHEDULE

CONFIRMATION OF TERMS

To: [Purchaser]

P. O. Box 612

From: ARAB BANK

Dubai 24661

United Emirates

We hereby inform you that further to your PurchaseOrder With Promise to Purchase dated ______,2004, we hereby confirm that the following are theterms and conditions that will apply to suchTransaction, as determined by us in accordance withthe terms of the Murabaha Direct Customer Financebetween us dated ____, 2004:

___

_____

(1) Description of [Goods]:

(2) Origin of [Goods]:

(3) Cost Price:

(4) Settlement Date:

(5) Closing Date

(6) Supplier:

(7) Terms of payment, to be limited to sight

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payments only.

(8) Date of Shipment.

(9) Deferred Price:

(10) Murabaha Profit:

Please sign, witness, and return to us this Scheduleas your acceptance of the Terms Herewith no laterthan ____ p.m. on ____, 2004.

______________

Yours faithfully,

ARAB BANK

By: ___

Accepted

[The Purchaser]

By ______

THE THIRD SCHEDULE

(1) (1) NOTICE OF OFFER TO PURCHASE

Date: , 2004

To: [IBD-ARABA]

1. We refer to Murabaha Direct Customer Financebetween us dated _____, 2004 and to theconfirmation of Terms dated ___, 2004 respectively.Unless otherwise defined, all capitalized terms usedherein shall have the meaning ascribed thereto bythe Murabaha Direct Customer Finance. We herebyoffer to purchase from you the goods as specified in(schedule 1 )from you as Purchaser for the DeferredPrice subject to the terms and conditions of theMurabaha Direct Customer Finance.

_________

2. 2. You have no obligation with regard to itsspecifications, suitability, or other qualities of the[Goods], nor do you make any representation orwarranty with respect thereto whatsoever.

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3. 3. In the event any defect of title or otherwisewith respect to the [[Goods] is disclosed, you herebyassign to us all your rights to claim against theSupplier related to any explicit or implicit warrantiesin connection with its sale of the [Goods].

Yours faithfully,

PURCHASER

By: ______

(2) (2) NOTICE OF ACCEPTANCE OF SALE

Date: , 2000 ______

To: [Purchaser]

1. We refer to Murabaha Direct Customer Financebetween us dated _____, 2004 and to theconfirmation of Terms dated ___, 2004 respectively.Unless otherwise defined, all capitalized terms usedherein shall have the meaning ascribed thereto bythe Murabaha Direct Customer Finance. We herebyaccept your offer to Purchase and by accepting suchoffer we have sold the [Goods] to you as Purchaserfor the Deferred Price subject to the terms andconditions of the Murabaha Direct CustomerFinance.

___

___

Yours faithfully,

ARAB BANK

By: ___

THE FOURTH SCHEDULE

FORM OF PROMISSORY NOTE

Made at ______, the ___ day

of _____, 2000.

ED ___

__

___

_____

__

FOR VALUE RECEIVED,

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We, [PURCHASER], _ a duly organized and existingunder the laws of the United Arab Emirates and witha registered address at ________, United Emirates,hereby unconditionally promise to pay against thisPromissory Note to the ARAB BANK or order ondemand at Dubai, United Emirates, the sum of___________ Million and ________ Thousand and_________ Hundred Emarati Dirhams ( AED__________).

_____

_____

_________________________

_______________

We hereby waive diligence, presentation, demand,protest, notice of non-payment, and notice ofdishonor with respect to this Promissory Note. Anypayment made by us hereunder will be madewithout any set-off, deduction, or withholdingwhatsoever.

RECOURSE WITHOUT PROTEST OR COST.

[PURCHASER]

By: ______ ______

Witness:

Witness:

AGENCY AGREEMENT

To: [ARAB BANK, Treasury Group]

Date: ____________, 2004 _________

We refer to the Purchase Order With Promise ToPurchase dated _________, 2004 whereby we havepurchased the (Goods) from the Islamic BankingDivision of ARAB BANK in accordance with theMurabaha Direct Purchase Agreement dated______, 2004. We are offering to appoint you as ouragent (referred to herein as the Agent) for thepurpose of selling the [Goods] to a third partysubject to such Transaction. Such sale of [Goods]shall be referred to herein as the Sale Transaction.

_________

________

1. 1. We hereby instruct you to carry out a SaleTransaction in accordance with the following terms:

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(A) Description of [Goods]:

(B) Sale Price:

(C) Requested Settlement Date:

(D) Requested Closing Date:

(E) Purchaser:

(F) Terms of payment:

2. You shall enter into a purchase agreement withthe Purchaser subject to the terms and conditionsset forth in this Agency Agreement. Notwithstandingthe foregoing, you shall only enter into a purchaseagreement with the Purchaser for which thepayment terms are for sight payment.

3. 3. You are our agent for the purpose only of thesale of the [Goods] to the Purchaser, and we shall asa principal pay you ED 100 as a fee for the servicesrendered by you.

4. 4. Upon conclusion of the Sale Transaction, youwill submit to us the attached Notice ofImplementation of Agency and arrange for paymentof the Sale Price into our account with the ARABBANK number: [________].

______

Please indicate your acceptance of the foregoingterms and conditions by signing the enclosedduplicate of this letter.

Yours faithfully,

[SELLER]

By: ______

ACCEPTED AND AGREED:

for and on behalf of[ARAB BANKS TREASURY - AGENT]

By: ______ ______

Date: ______, 2004 ______

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NOTICE OF IMPLEMENTATION OF AGENCY

Date ________ 2004 _________

To: [SELLER]

1. We refer to the Agency Agreement between us,dated ________, 2004. Unless otherwise defined, allcapitalized terms used herein shall have themeanings ascribed thereto by the AgencyAgreement.

_________

2. We confirm hereby that we, as Agent, have soldthe [Goods] subject to the Sale Transaction on yourbehalf to the Purchaser, thereby fulfilling ourobligations as Agent under the above referencedAgency Agreement.

3. We have arranged for depositing the Sale Priceinto your account with the ARAB BANK number:[___].

______

Yours faithfully,

[ARAB BANK - TREASURY]

By:

Witness: ______

Witness:__________ ______

English Text

Bill of Implementation For Regulating the servicesprovided for Umra Performers and Visitors of TheProphets Holy Mosque Coming from Outside SaudiArabia

Chapter One Definitions

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Article One:

The following terms occurring in this Bill shall havethe meanings indicated opposite each of them unlessthe context requires otherwise. Words in the singularshall also have plural meaning wherever the contextso requires, and vice-versa.

1- Kingdom: Kingdom of Saudi Arabia. 1

2- Regulation: The regulation of the services providedfor Umra performers and visitors of the ProphetsHoly Mosque, coming from outside the Kingdom,issued by virtue of the Council of MinistersResolution No. 93, dated 10/6/1420H.

2

10/6/1420

3- Ministry: The Ministry of Haj (Pilgrimage). 3

4- Mission: Embassy or Consulate of the Custodian ofthe Two Holy Mosques.

4

5- Umra Performers: Persons coming from outsidethe Kingdom of Saudi Arabia for performing Umrarites and visiting the Prophets Holy Mosque.

5

6- The Licensee: Any Saudi establishment or companyof whatever legal entity that is licensed to provideservices to Umra Performers as indicated in thecommercial register of such establishment orcompany.

6

7- The Manager in charge: The manager in charge ofthe Saudi establishment or company that applies fora license to provide services to Umra performers, asindicated in the commercial register of suchestablishment or company.

7

8- Branch offices: the offices the licensee should havein both Makkah Al-Mukarramah, Al-Madinah Al-Mounawarah and Jeddah, pursuant to paragraph (3)of Article three of the Regulations.

8

9- Foreign Establishment: Any establishment, body,bureau or travel company officially licensed in otherstates to organize travel and tourist trips outsidethese states.

9

10- Services Contract: the contract executed by thelicensee and the foreign establishment.

10

11- Official Authority: any ministry, governmentdepartment or public establishment in the Kingdomof Saudi Arabia.

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12- List of Approved Service Standards: the detailedlist of the standards of services provided for Umraperformers, their types, degrees, specifications andprices of each, which are referred to under clause (3)of Article Five of the Regulations.

12

13- The Committee: The standing Committeereferred to under Article Eight of the Regulations.

13

14- Defendant: The party against whom a complaintis lodged with the Committee, pursuant to theprovisions of the Regulations and of this Bill.

14

Chapter Two Procedures forobtaining a license and conditions thereof.

Article two:Following are requirements to be satisfied anddocuments to be produced for obtaining a license toprovide Umra services:

1- The applicant establishment must be a soleproprietorship or a company formed pursuant toCompanies Regulations. An official document issuedby the Ministry of Commerce must be producedindicating that the capital of the establishment iswholly Saudi owned and that it is not less than fivehundred thousand Riayls.

1

2- An unconditional firm bank guarantee in the sumof two hundred thousand Riyals issued by a localbank approved by the Saudi Arabian MonetaryAgency. The guarantee must be valid throughout thelicense period and shall be automatically renewedwith the renewal of the license. It may not berevoked except with the prior written consent of theMinistry.

2

3- A copy of the establishments commercial registerif the applicant is an establishment.

3

4- A copy of the companys articles of association andits amendment annexes, if the applicant is acompany, together with a copy of the commercialregister.

4

5- The activity pertaining to Umrah performersservices is to be added to the commercial register ofthe applicant pursuant to a referral from the Ministryto the Ministry of Commerce.

5

6- A copy of the civil status card of the manager incharge and of the mangers of the branch offices. 6

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7- A copy of a certificate evidencing absence ofconvictions, for the managers of branch offices andfor the owner of a sole proprietorship, if theapplicant establishment is a sole proprietorship.

7

8- The managerial organizational structure of thebusiness pertaining to Umra services according to therequirements stipulated by the Ministry.

8

9- A sketch showing the location of branch offices inMakkah Al-Mukarramah, Al-Madinah Al-Munawarahand Jeddah.

9

10- Copies of the lease contracts or copies of the titledeeds of branch offices.

10

11- Computers and software must be availableaccording to the Ministry requirements and thelicensees network must be linked with the Ministrysnetwork so as to ensure automatic transmission ofthe information required in this list from thelicensees network to the Ministrys network.

11

12- The license application form prepared by theMinistry, must be filled out which form is to besigned by the manager in charge.

12

13- Approval of the Minister of Haj. 13

Article Three:The originals of the documents indicated in theprevious Article shall be produced for conformingsame with the copies thereof which are submittedwith the license application. After confirming theconformity of the documents the Ministryscompetent staff shall annotate the copy as a truecopy of the original.

Article Four:If the sole proprietorship that applies for a license isowned by a woman, it must have a Saudi agentvested with powers that authorize him to take andfollow up steps for obtaining the license and forrepresenting it before the Ministry and third parties.He shall also be responsible for managing the servicesprovided to Umra performers.

Article Five:The manager in charge, the managers of branchoffices and the supervisors of the services should beSaudis of good manners and conduct none of themshould have been convicted of a crime related to the

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disturbance of security or sentenced to a Sharahpunishment or one that is meted out in public for acrime involving a breach of honor or trust that isrecorded in the previous conviction certificate, unlesshe has been rehabilitated.

Article Six:An establishment or company applying for a licensemust have, in addition to its head office, a specialbranch office for providing services to Umraperformers in Makkah Al-Mukarramah, Al-MadinahAl-Munawarah and Jeddah. The office shall be:

1- in an area appropriate for provision of Umraservices and shall be easy to locate.

1

2- In accordance with the instructions announced bythe Ministry in terms of its total area, its furnitureand furnishings, technical and architecturalspecifications and external appearance.

2

Article Seven:The manager in charge may also be the manager ofthe branch office in the same city wherein the headoffice of the establishment or company is located.

Article Eight:In case of termination or expiry of the services of themanager in charge or of the manager of a licensedbranch office, a new manager shall be appointed,provided that he shall satisfy the conditions indicatedin this Bill, within a maximum of sixty days of the dateof the position falling vacant. The Ministry shall benotified of the name of the new manager after amaximum of three days of the registration of hisname in the commercial register.

Article Nine:Each licensee shall file with the Ministry a statementcontaining the names of the staff working at eachbranch office, their nationalities, type of work, copiesof their identification documents and work permits,within thirty days of his obtaining the license. Heshall also notify the Ministry of any changes affectingsaid statement, within three days of the date of thechange.

Article Ten:A licensee must notify the Ministry of his electeddomicile, and of any change affecting his address, atleast fifteen days before the change. Failure to notifythe Ministry within the period designated herein shallentail that all notifications and communications sent

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to the address of his elected domicile filed with theMinistry shall be considered valid and effective, thisbeing without prejudice to any penalty imposedpursuant to Article Seven of the Regulations.

Article Eleven:

1- A licensee should himself provide the service forperformers of Umra and may not assign his license toa third party.

1

2- In case the licensed establishment or company issold or merged in another company, the license maynot be amended unless the buyer or the mergingcompany satisfies the terms and conditions set forthin this Bill.

2

Article Twelve:The Ministry shall prepare a special register forlicensees wherein the following data shall berecorded:

1- Name of licensee and number and date of hiscommercial register.

1

2- Head office and full address of the licensee. 2

3- The location and address of the branch offices. 3

4- Number and date of license. 4

5- Names of the staff, including the name of themanager in charge and the names of the mangers ofthe branch offices.

5

6- The number and date of the bank guaranteesubmitted by the licensee and the name of the bankthat issued the guarantee.

6

7- The penalties imposed on the licensee. 7

Article Thirteen:New license applications may be suspended by virtueof a decision issued by the Minister of Haj, if theMinistry finds at any time that the country does notneed same.

Chapter three Renewalor Cancellation of License

Article Fourteen:The license term is for five renewable years. Thelicense shall be considered as having expired with theexpiry of the term thereof unless it is renewed.

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Article Fifteen:A licensee should apply to the Ministry for renewal ofhis license at least thirty days prior to the expiry dateof his license. In all cases the following must besatisfied for renewal of the license:

1- Satisfaction of all the conditions in force that arerequired for issuing the license.

1

2- Payment of all fines that may have been imposedon the licensee for violating the terms and conditionsset forth in the Regulations and the Bill.

2

Article Sixteen:A license shall be considered null and void in thefollowing cases:

1- Decease or loss of capacity of the owner of a soleproprietorship if the license is issued in the name ofthe sole proprietorship.

1

2- Liquidation or declaration of bankruptcy of thecompany if the license is issued in the name of thecompany.

2

The manager in charge or the heirs of the soleproprietorship, their guardians or liquidators, shallinform the Ministry of such cases within thirty days ofthe occurrence thereof.

The license may also be cancelled forby the Ministerof Haj for a substantiated reason in the followingcases:

1- Cancellation pursuant to the provision of ArticleSeven of the Regulations.

1

2- If the licensee assigns the license. 2

3- If the license is not amended pursuant to theprovision of Article Eleven of this Bill.

3

4- If the licensee does not commence providing Umraservices within one year of obtaining the license.

4

5- If the licensee discontinues the provision of Umraservices for one full year, unless there arejustifications acceptable to the Ministry, in whichcase an additional period not exceeding six monthshall be granted to the licensee. If the said additionalperiod expires without resumption of the activity thelicense shall be cancelled.

5

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6- If the licensee no longer satisfies a requisitecondition for obtaining the license pursuant to theprovisions of the Regulations and of this Bill.

6

Chapter FourProcedures for the Arrival of Umrah Performers

Article Seventeen:In order to obtain an Umrah visa, the applicationshould be submitted to the Mission through theforeign parties under contract with the licenseesafter satisfying the following conditions:

1- The health stipulations issued by the Ministry ofHealth in the Kingdom should be satisfied.

1

2- A return ticket with confirmed reservation. 2

3- A bank cheque issued by a bank approved by theSaudi Arabian Monetary Agency for every Umrahperformers covering all the fees to which the licenseeis entitled including the rent for the Umrahperformers accommodation, transport and otherservices which he chooses as per the standard agreedupon and pursuant to the standard of serviceapproved. As an exception it shall be permissible ingroup tours to accept one cheque in the value of allthe amounts required of each individual of the grouptour, or payment may be made through the foreignparty in the State from which the Umrah performerscome, and in all cases the said party shall submit thepassports to the Mission together with evidence thatthe amount to which the licensee is entitled has beentransferred.

3

Article Eighteen:Political personalities are exempted from theconditions contained in article seventeen. It shall alsobe permissible for the heads of diplomatic missionsabroad to exempt Islamic personalities and thosepersonalities which have a special social status fromall or some of such conditions.

Article Nineteen:Linkage to or seeking the assistance of any of thelicensee for rendering Umrah services to those whodesire to perform Umrah or to visit the Holy Mosqueof the Prophet from the following categories, is notrequired:

1- Guests of the government 1

2- Students, information, cultural or official athletic 2

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delegations and the like.

3- Those arriving in the Kingdom on visit visas. 3

The personalities and the categories mentioned inthis article and Article Seventeen of this Bill may linkwith or may seek the services of one of the licenseesshould they so wish.

Article Twenty:The Mission shall determine the name of the licenseein the entry visa after satisfaction of the condition forobtaining same.

Chapter FiveRelationship between the Licensee and the ForeignParties

Article Twenty One:In order to organize, arrange and operate Umrahjourneys, whether individual or group trips, pursuantto the provisions of the Regulations and of this Bill,every licensee should conclude a contract with aforeign party to act as its agent in order to representhim and to act on his behalf in concluding thecontract with Umrah performers and to render all theservices to the Umrah performers upon their arrivalinto the Kingdom.

Article Twenty Two:The two parties to the services contract may organizetheir contractual relationship pursuant to mutuallyagreed terms and conditions provided that thecontract shall include the following:

1- Respect of the laws and regulations prevalent inthe Kingdom.

1

2- The foreign party should execute the programs ofthe Umrah trips accurately and punctually, whethersuch are individual or group trips and should obligatethe licensee to render the services inside theKingdom pursuant to the required accuracy andstandard.

2

3- The foreign party should submit a firm andunconditional bank guarantee from a bank approvedin the State to which it belongs and acceptable to theSaudi Arabian Monetary Agency in favor of licenseein an amount that is not less than one hundredthousand Saudi Riyals (SR. 100,000). This guaranteeshall remain valid throughout the period of the

3

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contract and shall be renewable when the contractperiod has been renewed.

4- Disputes arising between the two parties inconnection with the construction or implementationof the contract which cannot be resolved amicably,shall be referred to the competent judicial authorityin the Kingdom or to arbitration pursuant to theprovisions of the Arbitration Law in the Kingdom andthe Bill of Implementation thereof.

4

5- The contract, the construction and executionthereof shall be subject to the provisions of the lawsand regulations of the Kingdom, and the two partiesto the services contract shall use the model contractprepared by the government as a guide.

5

6- For the contract to be valid, it is stipulated that itshould be registered with and legalized by theMinistry.

6

Article Twenty Three:The licensee shall be directly responsible vis-a-vis theUmrah performers for breach of his obligationspursuant to the provisions of the contract concludedwith the Umrah performers.

Article Twenty Four:A licensee may not conclude a contract with a foreignparty that is under contract with another licensee.

Article Twenty Five:The licensee should immediately upon termination ofthe contract concluded with the foreign party orupon ceasing to deal with it shall inform the Ministryand the Mission in the State to which the foreignparty belongs, in writing.

Article Twenty Six:The services contract should be concluded in threecounterparts attested by the competent authoritiesin the State to which the foreign party belongs and bythe Mission in that State and the Ministry of ForeignAffairs in the Kingdom, which counterpart shall thenbe submitted to the Ministry for review, registrationand legalization of same pursuant to the provisions ofArticle 4/4 of the Regulations.

(4/4)

Article Twenty Seven:If the services contract is concluded with a foreignparty belonging to a non-Arab State then the contractshall be executed in Arabic and in the officiallanguage of the State to which that party belongs orin English. In the event of a discrepancy or

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contradiction between the Arabic version and aforeign version, the Arabic version shall prevail.

Article Twenty Eight:When the two parties to the services contract haveagreed to introduce any amendment to the saidcontract, the legalized copy registered with theMinistry should be amended pursuant to the sameprocedures provided for in this Bill.

Chapter SixStandard of Service and Obligations of Licensee

Article Twenty Nine:

The Minister of Haj shall issue a resolution approvingthe list relating to the standard of services, the kinds,the levels and the specifications thereof as well asthe prices of each one of them after preparing samein agreement with the Ministry of Commerce andafter approval thereof by the Minister of Interior.This list shall be regarded an integral part of this Bill

The list shall be revised once every three years, orwhenever the need arises, by a committee consistingof representatives from the Ministry of Interior, theMinistry of Commerce and the Ministry of Haj, whichcommittee shall submit its recommendations to theMinister of Haj who shall issue any amendments hedeems necessary by virtue of a resolution passed byhim following the approval of the Minister of theInterior.

Article Thirty:

Each licensee undertakes to serve the Umrahperformers faithfully and sincerely and in accordancewith the provisions of the Regulations and the Bill ofImplementation thereof and pursuant to thestandard of service agreed upon. The licensee furtherundertakes to receive the Umrah performers at theairports, seaports and arrival terminals, to welcomeand transport them and their personal belongings totheir accommodations and to ensure their comfortthroughout the period of their stay in accordancewith the arrangements agreed upon.

Article Thirty One:

The licensee shall at the appropriate time confirm thereturn reservations of Umrah performers within theperiod indicated in the visa and if an Umrahperformer loses the return ticket prior to handing it

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over then the licensee shall help him obtain one inlieu of the lost one from the agent of the carriercompany which issued the ticket. If it is impossible toobtain one in lieu of the lost one for any reasonwhatsoever and if the Umrah performer does nothave enough money to buy another, then thelicensee should in such case provide the Umrahperformer with a return ticket and should then claimits value from the foreign party.

Article Thirty Two:

1- The licensee undertakes to maintain computerizedrecords which shall be automatically transmittedpursuant to the provisions of paragraph 11 of Article2 of this Bill which shall contain all particulars aboutUmrah performers: their names, nationalities, ages,sex, travel tickets and the numbers thereof, the datesof their arrival and departure, the number of theirpassports, the means of transportation, the name ofthe carrier and its agent and their accommodation inMakkah Al-Mukarramah, Al-Madinah Al-Munawarahand Jeddah as well as the person responsible for theland trips and the standard of the services requiredfor them.

1

2- The licensee undertakes to obtain a statementcertified by the Passport Department containing thebasic particulars of the Umrah performers whom heserves, which statement shall be handed over to theMinistry within a period not exceeding 24 hours oftheir arrival.

2

Article Thirty Three:The licensee undertakes to provide the Ministry witha statement containing the names and locations ofhotels and furnished apartments with which it hadconcluded contracts for the execution of itsobligations vis-a-vis the Umrah performers, and alsoundertakes to provide the Ministry with anyamendments that may occur in this respect.

Article Thirty Four:The licensee undertakes to retain the return ticketsof the Umrah performers and copies of theirpassports until the time fixed for departure and torepatriate the Umrah performers following theexpiration of their period of stay in the Kingdom andshall present a manifest of those departing certifiedby the Passport Department of the departure outletsto the Ministry within 24 hours of their departure.

Article Thirty Five:In case any Umrah performer fails to return on the

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date fixed for his return for a legitimate excuse suchas illness or the like, the licensee should inform theMinistry of Haj of that so that it may inform thePassport Department of the reason of the failure ofthe Umrah performer to return on time and of thenew date for his departure.

Article Thirty Six:In case any Umrah performer fails to return on thedate fixed for his return for no legitimate excuse, thelicensee should inform the Ministry of Pilgrimage, thePolice and the Passport Department of same so thatthey may search for him, and a copy of the passportand ticket should be kept with the licensee for onemonth from the date originally fixed for thedeparture of the Umrah performer and in case he isnot found, the ticket and a copy of the passport shallbe sent to the Ministry for further dispatch by theMinistry to the Passport Department.

Article Thirty Seven:The passport department may grant transitpassengers, whose period of stay at the King AbdulAziz International Airport or the Prince MuhammadBin Abdul Aziz Airport in Madinah or the JeddahIslamic Seaport exceeds 24 hours, an entry visa forUmrah or for visiting the Holy Mosque of the Prophetafter they produce evidence of confirmed reservationto the destination they would leave to and a contractwith one of the licensees.

Article Thirty Eight:The licensee undertakes to inform the nearest healthcenter should any of the Umrah performers to whomhe renders services, contract an illness which issuspected to be a contagious disease and should alsohelp the Umrah performer to approach a hospital orhealth center for necessary treatment. Should theUmrah performer fail to approach a hospital orhealth center because of his ill health, the licenseeshould bring a doctor to where the Umrah performeris staying at his own expense.

Article Thirty Nine:

The licensee undertakes to inform the Ministry, Bail-ul-Maal, the Police and the Passports Department ofthe name of any deceased Umrah performer towhom he renders services, stating his nationality,age, passport number, and the money and otherbelonging in his possession and indicating the placeand cause of death. He shall also obtain a deathcertificate and take the necessary measuresregarding his burial in the Kingdom or for repatriation

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of his body to his country pursuant to the legalprocedures followed in this respect.

Chapter SevenMovement of the Umrah Performers inside theKingdom

Article Forty:Without prejudice to the standard of service agreedupon, it shall not be permissible to transport Umrahperformers within the Kingdom except by one of thefollowing means of transport belonging to one of thefollowing parties:

1- Saudi Arabian Airlines General Corporation. 1

2- Saudi Arabian Public Transport Company. 2

3- Pilgrims Transport Companies. 3

4- Limousines (Taxis) licensed by the Ministry ofCommunications for transport of passengersbetween the cities of the Kingdom.

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5- Licensees means of transport. 5

The licensee undertakes to conclude an agreementwith one of the said transport parties providing thatthe transportation of Umrah performance falls withinthe framework of their service pursuant to the list ofservice standards.

Article Forty One:

It shall be permissible for Umrah performers to movein all of the areas of the Kingdom subject to thefollowing rules:

1- That the movement shall take place within theperiod stay granted to the Umrah performersindicated in the visa after the licensee has obtained apermission from the Passports Department indicatingthe places of travel and the travel time within whichhe may travel.

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2- The licensees undertaking to provide the means oftransport and accommodation.

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3- Ascertaining that the Umrah performers havereturned round trip reservation.

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4- The licensee undertakes to inform the PassportsDepartment within 24 hours should an Umrahperformer fails to return on the date indicated in the

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travel permit.

Chapter EightCommittee to Consider Complaints of UmrahPerformers

Article Forty Two:

A standing Committee shall be formed by virtue of aResolution passed by the Minister of Haj to considercomplaints and violations reported by Umrahperformers, which Committee shall consist ofrepresentatives of the Ministry of Interior, Ministry ofCommerce and the Ministry of Haj provided thatthere shall be stated in the Resolution the name ofthe Committee member, the name of his deputy, incase of his absence. One of the Committee membersand his deputy should hold a Shariah degree. One ofthe Committee members shall be nominatedChairman in the same Resolution and the Committeeshall have its own secretary to be selected by theMinister of Haj from among the Ministrys staff.

Article Forty Three:

The Ministry shall set up several offices to receivecomplaints filed by the Umrah performers in order toconsider and document same, and shall try to settlethe dispute amicably between the two parties beforesubmitting them to the Committee.

Article Forty Four:

The Committee shall be competent to consider thecomplaints filed by Umrah performers and theviolations reported by the official authorities againstone of the licensees, to investigate same, torecommend the imposition of one of the penaltiesprovided for under Article 7 of the Regulations andshall fix the cost of the services which the licenseefailed to render to the Umrah performers, providedthat the Ministry shall collect and return same tohim.

Article Forty Five:

Should the licensee violate any of the obligationsprescribed in the Regulations and this Bill, the officialauthorities concerned shall approach the Committeerequesting the imposition of one or more of thepenalties provided for in Article 7 of the Regulations.

Article Forty Six:

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The meeting of the Committee shall be valid only ifattended by the majority of the members, includingthe Chairman of the Committee or whomever hedeputizes. The recommendations of the Committeeshall be passed with the majority vote of its membersand should there be a tie then the Chairman shallhave the casting vote. However, all therecommendations should be substantiated andshould be signed by all the members present. Anydissenting member must show his view in theminutes of the meeting.

Article Forty Seven:

After reviewing the recommendations submitted bythe Committee, the Minister of Haj may pass aresolution containing one or more of the penalties ofthose provided for under Article 7 of the Regulationswhich he deems fit. The person concerned may lodgea grievance against the penalty resolution before theBoard of Grievances within sixty days of the date ofnotification of same and the decision of the Board ofGrievances shall be regarded as final.

Article Forty Eight:

The Chairman of the Committee shall supervise theCommittees activities, fix the dates of the meetingsand shall distribute work between himself and theCommittees members.

Article Forty Nine:

1- The competent parties shall be notified of the datefixed to consider the complaint or violation, at leastseven days prior to that date provided that thenotification shall contain a statement of the nature ofthe complaint or violation. The defendant shall besummoned to appear personally or to delegatesomeone to represent him legally for hearingstatements and for him to produce whateverdocuments he may have. The Committee shallconsider the complaint or violation expeditiously.

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2- The subject matter of the complaint should bedecided upon within a period not exceeding thirtydays of the date of the filing thereof.

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3- Subject to the provisions of Article 45 of this Bill itis not stipulated for continuing to consider thecomplaint that the Umrah performer remain afterexpiry of his period of stay. However, it shall bepermissible for him, during his stay, to attend the

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meetings and he shall have the right to appoint oneto represent him if he so desires.

Article Fifty:The competent parties shall be notified of the datefixed for considering the complaint or violation bymeans of a letter delivered by hand, telegraphically,by registered mail, by Al-Barid Al-Mumtaz, by fax orby electronic mail. The absence of the defendantshall not preclude proceeding with consideration ofthe complaint or the violation.

Article Fifty One:The defendant shall be notified of the decision of theMinster of Haj regarding the penalty by registeredmail to the address communicated to the Ministry orto the address chosen by him during theconsideration of the complaint or violation.

Chapter NineFinal Provisions

Article Fifty Two:1- The bank guarantee presented by the licenseeunder these Regulations and this Bill shall be used forsatisfaction of the penalties imposed against him byvirtue of the Regulations and the Bill and also forsatisfaction of the financial rights due to thosedealing with the licensee regarding the Umrahservices.

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2- If the guarantee is reduced because of thesatisfaction of the penalties and the said rights, thelicensee should augment the guarantee within tendays of the day of his notification of same, otherwise,the Minister of Haj shall have the right to cancel hislicense.

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3- The guarantee should be released if the license iscanceled or if it expires without being renewedunless there are other financial obligations that aredue.

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Article Fifty Three:The amounts of fines and of the rights referred tounder Article Fifty Three shall not be deducted fromthe bank guarantee except after the licensee hasrefused to pay within seven days of the date of hisnotification of paying the amount due.

Article Fifty Four:The amounts due to the State under the provisions ofthe Regulations and this Bill shall be regarded aspreferential debts and shall be collected pursuant to

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the State Funds Collection Law.

Article Fifty Five:The Licensees should enable the competent staff ofthe Ministry to perform the duties assigned to themunder the Regulations and this Bill, includinginspections of the offices of the licensee and theaccommodations of the Umrah performers, themeans of transports and other service facilities.These employees shall have the power of issuingpreliminary determination and submit reports withregard to the execution of the provisions of theRegulations and this Bill and the establishment ofviolations of the provisions thereof or of theresolutions passed in implementation thereof.

Article Fifty Six:The Ministry shall have the right to refuse theregistration and legalization of any contractconcluded by the licensee with any other foreignparty if latter breaches any of its contractualobligations.

Article Fifty Seven:The Ministry shall be the competent authority toapply the provisions of these Regulations and this Billand to issue the necessary administrative resolutions.

Article Fifty Eight:The Minister of Haj shall have the right to amendthese Regulations in agreement with the Minister ofInterior.

Article Fifty Nine:These Regulations and this Bill shall come into effectninety days after the date of the issue thereofpursuant to the provisions of Article Fourteen ofthese Regulations.

English Text

Article One Hundred Seventy Six:

The time limit for protesting against thejudgement shall start as of the date of deliveringthe notification of the judgement to the partyruled against and having him sign the recordbook or as of the date fixed for his receiving sameif he fails to appear. The date of the protestagainst the judgement rendered in absentia shallstart as of the date of the notification thereof to

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the party ruled against or to his attorney.

Article One Hundred Seventy Seven:

The time limit of the protest ceases with thedeath of the protestor or with his disqualificationfrom litigation or with loss of capacity of the onewho was assuming the litigation on his behalf.The stoppage shall continue until the judgementhas been notified to the heirs or to the onerepresenting them or until the precluding factorceases to exit.

Chapter Two

Appeal

Article One Hundred Seventy Eight:

The time limit for applying for the appeal shall be30 days. If the litigant fails to submit a protestduring this period then he shall forfeit his right toappeal and the court shall prepare a protocol tothat effect in the case file and to annotate thedeed and its record that the judgement has nowbecome final.

Article One Hundred Seventy Nine:

All judgements are subject to appeal with theexception of judgements passed in simple casesthat are determined by the Supreme JudicialCouncil by a resolution passed by its generalcommittee upon the recommendation ofMinister of Justice. However, if the party ruledagainst is an endowment officer, a guardian, acustodian, bait-ul-maal (state coffer) executive ora representative of a government and the like orif the judgement data was absent, the court shallsubmit the judgement to the court of cassationfor scrutinizing it regardless of the subject of thematter of the judgement. The following shall beexcepted from that:

a-The decision passed against bait-ul-maal (statecoffer) by the competent judge in execution of aprevious final judgement.

b-The judgement rendered in connection with anamount deposited by a person for the benefit ofanother person or for his heirs unless thedepositor or his representative contest same.

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Article One Hundred Eighty:

The contesting memorandum shall be submittedto the court administration which has passed thejudgement containing the contested judgement,the date thereof, the ground on which thecontestation was based, the demand of thecontestant and the reasons in support of thecontestation.

Article One Hundred Eighty One:

After the judge who has passed the contestedjudgement reviews the contestationmemorandum, he may reconsider the judgementwith regard to the points on which thecontestation was based without any pleadings.He shall reconfirm or amend his judgement as hedeems fit so that if he reconfirms his judgementthen he shall submit it together with a copy ofthe case file and of all the papers to the court ofcassation but if he amends it then he shall notifythe amended judgements to the litigants and insuch a case the ordinary procedures shall applythereto.

Article One Hundred Eighty Two:

If the litigant requests to review his opponentsmemorandum of contestation, the court ofcassation shall, at its discretion, enable him to doso and designate a period of time for his reply tothe memorandum.

Article One Hundred Eighty Three:

The court of cassation shall decide upon thecontestation application on the basis of thepapers contained in the case file, and the litigantsshall not appear before the court unless it sodecides or unless the regulation providestherefor.

Article One Hundred Eighty Four:

Subject to the provision of Article 180, the courtof cassation may permit the litigants to submitnew statements in support of the grounds oftheir contestation contained in the memorandumand may take whatever procedure that assists itin deciding upon the subject matter.

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Article One Hundred Eighty Five:

If the court of cassation finds that the substanceof the judgement conforms in terms of its resultto its Shariah origins then it shall certify thesame and shall direct the attention of the judgeto whatever remarks it might have.

Article One Hundred Eighty Six:

If the judgement is contested to for its breach ofcompetence the court of cassation shall confineitself to considering the competence.

Article One Hundred Eighty Seven:

If the court of cassation has remarks as regardsthe judgement, then it shall prepare a decision tothat effect and send it to the judge. If he is notconvinced with the remarks of the court ofcassation then he should reply giving his viewpoint after recording that in the record book. Ifhe is convinced of the same then he shall offerthem to the litigants hear their statements,record that in the record book and then he shallrule on same, which ruling shall be subject toappeal if it contains an amendment of theprevious ruling.

Article One Hundred Eighty Eight:

If convinced with the reply of the Judge to itsremarks the court of cassation shall certify thejudgement and if it is not convinced and if thejudge hold on to his point of view then the courtcassation may annual the whole or part of theruling, as the case, and shall indicate the basistherefor and refer the case to another judge.

However, if the subject is ready for the passing ofa judgement in connection therewith and if thecircumstances of the case required speedy actionthen the court may rule on same.

If the cassation is for the second time, the courtmust rule on the subject matter and in every casein which the court makes a ruling this should bedone in the presence of the litigants after hearingtheir statements. Its judgement shall be final byunanimity or by majority.

Article One Hundred Eighty Nine:

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If it is impossible to send the remarks to thejudge who has passed the judgement due todeath or otherwise, the court of cassation shouldsend its remarks to the succeeding judge orshould annul the judgement and indicate thereason therefor.

Article One Hundred Ninety:

The annulment of the judgement entailscancellation of all the decisions and proceduressubsequent to the annulled judgement if thatjudgement is the basis therefor.

Article One Hundred Ninety One:

If the judgement has not been annulled exceptwith the regard to a part thereof then it shallremain valid as regards the other parts unless thedivision is not possible.

Chapter Three

Petition for Reconsideration

Article One Hundred Ninety Two:

Any of the litigants may petition forreconsideration of the final judgements in thefollowing cases:

a-If the judgement is based on papers which arefound, after the judgement, to have been forgedor if it is based on evidence which the competentauthority has ruled after the judgement, that itwas a perjury.

b-If, after the judgement, the petitioner obtainsdecisive papers as regards the case that he wasunable to produce before the judgement.

c-If the litigant has perpetrated a fraud thatwould have been likely to affect the judgement.

d-If the ruling of the judgement was not what thelitigants had asked for or exceeded what theyhad demanded.

e-If the contents of the judgement were mutuallycontradictory.

f-If the judgement was passed in absentia.

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g- If the judgement was passed against a partynot properly represented in the case.

Article One Hundred Ninety Three:

The time limit of a petition for reconsiderationshall be 30 days starting as of the day in which itis proven that the petitioner had learnt of theforgery of the papers or in which the court ruledthat the evidence was a perjury or in which if thepapers specified under paragraph b of Article 192had surfaced or in which fraud had becomeapparent. The deadline in the cases indicatedunder paragraphs under d, e, f, g of thepreceding articles starts as of the time ofnotification of the judgement.

Article One Hundred Ninety Four:

The petition for reconsideration shall be filed bydepositing the petition with the court ofcassation. The petition must contain thejudgement in respect of which the petition forreconsideration was made and the grounds forthe petition. The court of cassation shall, ifconvinced, prepare a decision to that effect andsend it to the court which is competent toconsider same.

Article One Hundred Ninety Five:

It shall not be permissible to contest either thedecision which is passed rejecting the petitionand the judgement that is passed in the subjectmatter of the case after the acceptance thereofby a petition for reconsideration.

Part XII

Attachment and Execution

Chapter One

General Provisions

Article One Hundred Ninety Six:

Execution shall take place by virtue of a copy ofthe judgement which is appended with theexecutory formula. The text of the executionformula is: All the competent governmentdepartments and agencies are required to

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execute this judgement by all legal means thatare in force even if this leads to the use of policeforce.

Article One Hundred Ninety Seven:

Final judgements which are appended with theexecutory formula are:

a-The judgements that are excepted pursuant tothe decision of the Supreme Judicial Council asprovided under Article 179.

b-Judgements passed or certified by the court ofcassation.

c-Judgements the deadline for the objecting towhich has elapsed.

Article One Hundred Ninety Eight:

It shall not be permissible to executivejudgements by force before they becameabsolute unless expeditious execution wasordered in the judgement.

Article One Hundred Ninety Nine:

The judgement providing for summary executionmust provide for execution with or without a bailas per the judges discretion, in the followingcases:

a-Judgement passed in urgent matters.

b-If the judgement passed relates to thedetermination of maintenance, milk feedingwage, housing, visitation of a young-one, deliveryof a young-one to a nurse, or a woman to one ofa muhram (one of a category of males, a womanis prohibited from marrying under Shariah).

Article Two Hundred:

It shall be permissible for the court to which thecontestation has been submitted, if it believesthat the grounds of the contestation to thejudgement may lead to its annulment, to orderthe stoppage of the summary execution if it isfeared that such execution might give rise to a

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serious damage.

Article Two Hundred One:

If there is a problem in execution, then aftertaking the precautionary procedures, if need be,the problem shall be submitted to the