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About the aramex fund updated
1. ABOUTTHE ARAMEX FUND
HONG KONG, SPAIN, LONDON, MANILA, DUBAI
INTRODUCTION
BY
PROF. ABDEL DIMAPUNONG
PHILIPPINE EXCLUSIVE CAPITAL INTERMEDIARY
2. THE ISLAMIC BANKING RESEARCH INSTITUTE, INC.
FUND CONVENOR
The ARAMEX -FUND was organized right a er president Noy Aquino delivered his first state of
the na on address on July 2010. There, the president called for a public private partnership and
we responded accordingly by organizing a private fund. The fund was organized as the President
Noy Aquino III private development assistance fund. Immediately we informed the president
about this development assistance fund by submi ng a formal le er that was accompanied by
some per nent documents that would establish proof of funds.
Private funds in the amount of 10 billion Eurodollars was ini ally placed by ERA Investment HK
limited and the ERA Global Securi es of Spain with the Islamic banking ins tute as the fund
convenor.
In a short me, other capitalists came in to join the funder’s consor um indica ng renewed
investors confidence in the Philippines with its brand new government. Notable among the new
entries is the renowned Barings capital of London. The name of the fund transformed into many
varia ons for some reasons; when Barings capital came in to join, the fund became to be known
as ERA - Barings fund. Then the Aramex Investments of Hong Kong came in to join the group and
the Fund came to be known as ERA-Aramex Funds. The ERA-Aramex –ERA Fund is represented in
the Philippines exclusively by Prof. Abdel Dimapunong, president of the fund convenor
For independent advice on your projects requiring equity release, venture capital, secured loans,
or large-scale money management, contact Professor Abdel Dimapunong only by email. Contact
me only if you are seeking large sums of money, usually involving equity investments huge
money lending. Our financiers are handling high-rise projects as in the Burj of Dubai, as in
nuclear power plants, expansive oil refineries, large-scale inves ng, bullet trains and extensive
railway transport system.
Then, if your project deserves and you are qualified as a proponent under the Philippine BOT
system, you are also qualified under the ERA-ARAMEX – ERA FUND. Should you possess the
qualifica ons; you shall have your financial needs through our financiers. Let us do Swiss
financing under the FUNDERS’ TERMS OF REFERENCE.
ARAMEX FUND
ARAMEX FUND IS exclusively represented in the Philippines by Abdel Dimapunong.
3. THE 10 BILLION EURODOLLAR
PRIVATE ASSISTANCE FUND
FOR THE NEW GOVERNMENT OF
H.E. PRESIDENT BENIGNO AQUINO III
THE FUNDERS GROUP:
ERA INVESTMENT HK LIMITED
ERA GLOBAL SECURITIES (SPAIN) S.L.
BARINGS CAPITAL, LONDON
ARAMEX INVESTMENTS
THE OTHER CONTRIBUTORS
there are many more highly net worth individuals who also volunteer to joined the President
Noy Aquino III Private Assistance Fund, [now simply Aramex fund]. They contribute to this
private fund by contribu ng bank guarantees and financial securi es. By the process of Swiss
banking, the result is more strengthened established credit lines with top rated European
banks including the top two major banks: the Credit Suisse and the Union Bank of Switzerland,
Geneva, and Bank Of China, Geneva. And Duetche bank, Zurich. Their names however do not
have to be printed in bold in respect to their privacy and of the tradional Bank Secrecy Laws in
our financial environment. In Switzerland, the country’s tradi on of bank secrecy dates back
to the middle ages. In most countries where we source most of our funding, it is prohibited to
divulge informa on about bank depositors and holders of financial instruments. And we
follow the provisions of the Swiss law and other tradi ons of secrecy. in like manner the
Philippines also has a law on the secrecy of deposits and though overshadowed by the
enactment of the An Money Laundering Law the secrecy remains a cultural business prac ce
in banking and finance.
4. Toward this end, it is a fundamental part of our protocol that we hold confiden al all
informa on rela ng to our transac ons.
During nego a ons to arrive at a binding final defini ve agreement and while informa on is
being exchange between the par es through the intermediary, we consider the following as
present binding agreements:
.
The Par es agree to be bound as follows:
1. The nego a ng par es adhere to the interna onal principle of non-circumven on, non-
disclosure (NCND) and the intermediary agreements shall always incorporate provisions for
NCND to ensure that (a) the intermediary and those in the middle liaison who are bringing the
side of project proponents and the side of capital funders together are not by-passed and (b)
the informa on disclosed during the nego a ons is not revealed to any external or
unauthorized party.
2. The Fund is private and commercial. No part of it is a free grant in aid. the services of the
intermediary, financial advisors, agents and consultants are engaged in the same manner as
lawyers, doctors and other professionals; and their rela onships with project proponents and
capital funders are to be treated with
confiden ality in the same way as lawyers to their clients and doctors with their pa ents
3. All confiden al financial or business informa on and trade secrets (except publicly available
or freely usable material otherwise obtained from another source) respec ng any Party
(“Confiden al Informa on”) shall be used solely by the other Party in connec on with the
Proposed Transac on, shall be revealed only to the owners, directors, managers, officers,
employees, contractors, and agents of such other Party who are necessary to the conduct of
such transac on, and shall be otherwise held in strict confidence and treated with due care
4. Upon the earlier of the closing date or the termina on of discussions and nego a ons by
any party, all such confiden al informa on shall be returned immediately upon demand to the
other party. The provisions of this paragraph shall survive the termina on of any issued le er
of interest to invest directly from the funder [the funders’ le er], unless superseded by a more
formal agreement in conjunc on with the proposed transac on. The iden ty of investor and
its principals, affiliates intermediaries and/or agents shall be deemed confiden al and shall not
be disclosed except as may be required by law.
5. In order to arrive at a final binding agreement, the investor funder shall be en tled to due
diligence and to make a full inves ga on of the business. The par es shall cooperate in good
faith, and in a mely fashion, to facilitate this due diligence inves ga on.
5. 6. For the comfort of the project proponent and in order to be assured of the availability of
funds, a request in wri ng maybe made verifying the authority of the intermediary and the
financial capability of the funder. If requested in wri ng, the Aramex fund headquarters in
Hong Kong will issue said comfort le er, confirming the authority of the intermediary and the
investor-funder will provide bank capability le er [the funders; le er sta ng the funder’s
capability to close the transac on, which informa on shall also remain confiden al pursuant
to the remaining terms of nego a on.
7. except as otherwise mutually agreed by the par es in wri ng, each party shall bear its own
legal, accoun ng, and other fees and expenses incurred in connec on with any proposed
transac ons and all that relates to the nego a on, the funders le er of interest to invest, the
due diligence performed pursuant to it, whether or not an agreement is execute
8. The le er of interest to invest directly from the funder shall be an expression of interest
only and the statements of intent or understanding contained therein shall not be deemed to
cons tute any offer, acceptance, or legally binding contract, and such statements do not create
any rights or obliga ons for or on the part of any party.
9. The funders’ le er represents the en re understanding of the par es as of the date of its
execu on, and supersedes and replaces all prior agreements, wri en or oral. Any dispute
concerning the funders’ le er or the proposed sale shall be se led by and interpreted in
accordance with the interna onal arbitra on associa on.
Defini ve Agreement.
All of the terms and condi ons concerning any Proposed Project shall be finally stated in a
DEFINITIVE AGREEMENT and other appropriate documents necessary or desirable to carry out
such Agreement, which shall be subject to the good faith nego a on and approval of the
Par es, and which shall, unless otherwise mutually agreed, contain the terms described in THE
FUNDERS LETTER, which terms may be more defini ve and detailed than they appear in the
FUNDERS LETTER, as well as such other terms, covenants, representa ons, warran es,
and condi ons
6. ANNEX A
EXECUTIVE ORDERE NO.8
MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 8
REORGANIZING AND RENAMING THE BUILD-OPERATE AND TRANSFER (BOT) CENTER TO THE
PUBLIC-PRIVATE PARTNERSHIP (PPP) CENTER OF THE PHILIPPINES AND TRANSFERRING ITS
ATTACHMENT FROM THE DEPARTMENT OF TRADE AND INDUSTRY TO THE NATIONAL
ECONOMIC AND DEVELOPMENT AUTHORITY AND FOR OTHER PURPOSES
WHEREAS, Sec on 20, Ar cle II of the 1987 Cons tu on provides that the State recognizes the
indispensable role of the private sector as the main engine for na onal development;
WHEREAS, Sec on 1 of Republic Act. 7718 or the Act Authorizing the Financing, Construc on,
Opera on and Maintenance of Infrastructure Projects by the Private Sector, and for Other
Purposes, otherwise known as the Build to Operate Transfer (BOT) Law, as amended, recognizes
the indispensable role of the private sector as the main engine for na onal growth and
development and provides the most appropriate incen ves to mobilize private resources for the
purpose of financing the construc on, opera on and maintenance of infrastructure and
development projects normally financed and undertaken by the Government;
WHEREAS, the Medium-Term Development Plan (MTPDP) specifies that the government will
increasingly mobilize the private sector to accelerate the financing, construc ng, rehabilita on,
and opera on of major infrastructure facili es, obtain the required infrastructure through
compe ve markets with minimum fiscal burden and government con ngent liabili es while
protec ng the public interest, ensure that users will have adequate, safe, efficient, reliable, and
affordable infrastructure services, and provide private proponents who will be generally selected
through compe on under fair and transparent terms, a level playing field with reasonable
returns and sharing of risks;
WHEREAS, the Government of the Philippines is commi ed to good governance, transparency,
compe veness, impar ality, and accountability in all government transac ons which include
the implementa on of infrastructure programs and projects;
WHEREAS, there is a need to fast-track the implementa on of Public-Private Partnership (PPP)
programs and projects, as a cornerstone strategy of the na onal development plan to accelerate
the infrastructure development of the country and sustain economic growth
7. WHEREAS, the revised Implemen ng Rules and Regula ons (IRR) of the BOT Law mandates the
BOT Center to coordinate and monitor the projects implemented under the BOT Law,
to guide the
WHEREAS, Sec on 1 of the Execu ve Order No. 144, Series of 2002, converts the Coordina ng
Council for Private Sector Par cipa on (CCPSP) to Build-Operate-Transfer Center (BOT Center),
and the CCPSP-Technical Secretariat to the Project Monitoring Office, and transfers its
a achment from the Office of the President (OP) to the Department of Trade and Industry (DTI);
WHEREAS, to efficiently and effec vely implement the MTPDP, there is a need to facilitate the
coordina on and monitoring of the PPP programs and projects by converging these func ons to
NEDA which is mandated as the central planning agency for social and economic development
and as oversight agency in the programming, implementa on, monitoring and evalua on of the
government’s programs and projects;
WHEREAS, the Economic Managers, during their 12 July 2010 mee ng, agreed to revitalize the
BOT Center by renaming it as PPP Center and a aching it to NEDA with primary func ons of
coordina on and monitoring all PPP/BOT/PSP Programs and Projects, and by transferring its
resources to NEDA;
WHEREAS, under Sec on 1, Chapter 1, Title 1, Book III of Execu ve Order No. 292 or the
Administra ve Code of 1987, the President shall have control of all execu ve departments,
bureaus and offices;
WHEREAS, Sec on 31, Chapter 10, Title III, Book III of the Administra ve Code of 1987 provides
con nuing authority to the President to recognize the administra ve structure of the Office of
the President;
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the
powers vested in me by law, do hereby order:
SECTION 1. THE PP CENTER— The Build-Transfer (BOT) Center is hereby renamed as the Public-
Private-Partnership (PPP) Center and transferred as an a ached agency from the Department of
Trade and Industry (DTI) to the Na onal Economic and Development Authority (NEDA)
SECTION 2. Powers and Func ons of the PPP center— The PPP Center shall cover all the
PPPprograms and projects including all the variants or Arrangements under the BOT Law and
Joint- Venture agreements, among others, and shall have the following powers and func ons:
a) Conduct project facilita on and assistance to the na onal implemen ng agencies,
including government corpora ons, and Local Government Units (LGUs) in addressing
impediments or bo lenecks in the implementa on of PPP programs and projects;
b) Provide advisory services, technical assistance, trainings and capacity development to
Agencies/LGUs in PPP project prepara on and development;
c) Recommend plans, policies and implementa on guidelines related to PPP in consulta on
with appropriate oversight commi ees, implemen ng agencies, LGUs and the private
sectors;
8. d) Manage and administer a revolving fund to be known as the Project Development and
Monitoring Facility for the prepara on of business case, pre-feasibility and feasibility studies and
tender documents of PPP programs and projects;
e) Monitor and facilitate the implementa on of the priority PPP Programs and Projects of the
agencies/LGUs which shall be formulated by respec ve agencies/LGUs in coordina on with the
NEDA Secretariat;
f) Establish and manage a central database system of PPP Programs and Projects;
g) Recommend improvements to melines in processing PPP programs and project proposals,
and
monitor compliance of all agencies/LGUs;
h) Prepare reports on the implementa on of the PPP programs and projects of the government
for submission to the President at the end of each year; and,
i) perform such other func ons which may be cri cal in expedi ng and implemen ng effec vely
the ppp programs and projects of the government
SECTION 3. Promo on and Marke ng Func ons – The func ons of the BOT Center with respect
to promo on and marke ng the BOT/PPP Projects shall be undertaken by the Department of
Trade and Industry.
SECTION 4. Head of the PPP Center – The PPP Center shall be headed by an Execu ve Director
with the rank equivalent to Assistant Director General or Assistant Secretary, who shall be
appointed by the President of the Philippines upon the recommenda on of the Secretary of
Socioeconomic Planning.
SECTION 5. Organiza on and Staffing Pa ern – The Secretary of Socioeconomic Planning
shallrevise, prescribe and approve the Organiza on and Staffing Pa ern of the PPP Center a er
review by, and/or consulta on with, the Department of Budget and Management.
SECTION 6. Project Development and Monitoring Facility – To create greater certainty for
undertaking a business case, pre-feasibility and feasibility studies in a mely manner, an amount
of Three Hundred Million Pesos (Php300,000,000.00) is hereby cons tuted as a working fund for
the conduct of said studies and ac vi es for selected PPP programs and projects.
SECTION 7. Processing of PPP Program/Project Proposals – The processing of all qualified
solicited PPP proposals shall be completed within a period of six (6) months subject to exis ng
laws, guidelines, rules and regula ons.
SECTION 8. Appropria ons and Source of Funding – The DBM shall release the funds needed for
the financial and opera onal requirements of the PPP Center including the amount indicated in
Sec on 6 of this Execu ve Order subject to the submission of a special budget for the purpose.
Further, all the funds appropriated to the BOT Center in performing du es similar to the PPP
Center and the appropriated fund under the BOT Center’s Project Development Facility (PDF)
9. shall be transferred to Project Development and Monitoring Facility of the PPP Center, subject to
government accoun ng and audi ng procedures.
PPP Center may receive contribu ons, grants, and/or other funds from, among others,
government agencies and corpora ons, LGUs, local and foreign donors, development partners,
and private sector/ins tu ons subject to exis ng laws, rules and regula ons.
SECTION 9. Transitory Provision – In accomplishing the acts of reorganiza on herein prescribed,
the following transitory provisions shall be complied with:
a) The Execu ve Director of the BOT Center shall temporarily be the Execu ve Director of the PPP
Center un l a new Execu ve Director is appointed by the President upon the recommenda on of
the secretary of Socioeconomic Planning.
b) Exis ng personnel of the BOT Center shall be transferred to the PPP Center and shall remain in
their current posi ons un l such me the revised and/or new organiza onal and staffing pa ern
are implemented as provided under Sec on 5 of this Execu ve Order.
c) The project Development Facility of the BOT Center shall now be known as the Project
Development and Monitoring facility of the PPP Center of the Philippines.
d) All funds, appropria ons, records and PPP-related documents (i.e., project contracts, closeout
project reports, and report forms), equipment, facili es, and rights belonging to the BOT Center
which are related to the func on and du es indicated under Sec on 2 are hereby transferred to
PPP Center through the NEDA within a period of thirty (30) calendar days a er the effec vity of
this Execu ve Order. Future appropria ons for the PPP Center shall be included in the annual
budget of the NEDA.
SECTION 10. Repealing Clause – All execu ve and administra ve issuances, memorandum
orders,
or parts thereof, which are inconsistent with the provisions of this Execu ve Order, are hereby
repealed or modified accordingly.
SECTION 11. Separability Clause – If any provision of this Execu ve Order is declared invalid or
uncons tu onal, the other provisions not affected thereby shall remain valid and subsis ng.
SECTION 12. Effec vity – This Execu ve Order shall take effect immediately upon publica on.
DONE in the city of Manila, this 9 day of September, in the year of Our Lord, Two Thousand and
Ten.
(Sgd.) BENIGNO S. AQUINO III
By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Execu ve Secretary