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From: Pinsith A Perera [mailto:pinsith@msn.com]
Sent: Friday, August 01, 2014 11:39 AM
To: Christopher Boies
Subject: Agenda


SOREM
These views presented heron are my own personal opinions and views. Please note though these are my individual opinions to treat this as very confidential.

The GOV of Sri Lanka is very keen to obtain assistance from the United States of America to construct an oil refinery with a capacity of 100000 BBM a day.
The cost of Project is estimated in 2006 to be about US $ 1.6 billion. But at present it is about US $ 2 to US $ 2.6. These figures are based on the recent similar constructions taken around Asia and Africa. Only Iran has built a one for US $ 1.6 in recent times.

You have to find a company and funding for the project. The security issued will be Sovereign Guarantee issued by the Central Bank of Sri Lanka. We have never made a default in foreign debt obligations ever.

Agenda - Initiation
Finding of the construction company is at your discretion. Then the company has to submit an EOI to the Ceylon Petroleum Corporation along with a letter of recommendation addressed to the President. Original documentation has to be sent through the Honourable Ambassador to the President. I need a set of copies to be presented to the President unofficially to brief him in advance.

With your recommendation I am certain the GOV will process it in no time.

1. At present from the time of my very first communication to the law firm, stance on the GOV has changed from BOO/BOT to EPC. But you need not acknowledge this aspect and insist on BOO/BOT if necessary. I am certain major concessions will be made at your behest.
1.a. While this EOI is processed we to have find X company to register with the Ceylon Petroleum Corporation to supply petroleum products to Sri Lanka. I will send a separate mail explaining the process which you can directly submit to such X company explaining the product descriptions and payment terms.
If the necessary if company X can provide required information within two weeks by end of September we might be able to have the first crude oil shipment to Sri Lanka. The idea is to obtain maximum benefits from the letter of recommendations. Instead of commissions we can charge legal fees as an ongoing legal matter (my opinion) or in legal advisory capacity.

1.b. So when at the time SOREM is to be negotiated this process can be included and negotiated and if necessary incorporate it to the main agreement. You can decide it as and when the necessity arises.

2. The EOI for SOREM will be processed within three to four weeks. And then GOV will invite you to a meeting in Sri Lanka. Then at the negotiations very first thing they might do is to seek a repayment plan of 15 to 20 years based on EPC. If you are to go for the EPC then higher interest rate can be sought to compensate and outweigh lost benefits of BOO/BOT.


3. Independently to these discussions you can insist on permanent contractual commitment of granting X company to supply petroleum to the intended refinery till the repayment is over or as you think suits best. These imports in 2013 are at US $ 4 billion and increase 5% every year.

3.a. The most important factor in the process is control (authority over) of the X company and the construction company.

I think above concept is the Agenda which you have to improvise to suit the given scenario.

I have heard but not certain that actual costs at present is about 1.5 to 1.7. So whatever the total amount on EOI and negotiated amount you may have to find a mechanism to obtain difference of the margin from construction.

Local mechanism in this process I think – the local facilitating company – agent company who will represent US construction after the EOI is processed will charge 5% of the total figure. I intend to charge 3% of which 1.5% will be provided for charity to widen welfare and maintenance of needy.

I was told that there is a willing funder – a US corporation. I may have this information by next Thursday. I will keep you posted on this if it assists you in any manner.

I have not discussed this matter with anyone else so far except that I have disclosed that I contacted you on personal basis and you requested further information on the project. It was then only I was told that GOV is opting for a EPC contract.

The government’s keen interest in securing a US based institution is linked to the UN issues. So as long as these issues are alive, you will have enormous influence over these matters referred to which I see as matters of commercial and my own pecuniary interests.

Sincerely

Pinsith A Perera

Mobile +94777365028


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