Glossary / NCNDA
NCNDA — explained
An NCNDA (Non-Circumvention, Non-Disclosure Agreement) is a correspondence agreement used in commodity trading under which the parties undertake to keep confidential the buyer, seller and source information introduced by an intermediary, and not to bypass that intermediary by dealing directly; it is not a customs document defined under Turkish legislation.
Most versions of the NCNDA circulating on the Turkish internet carry an "ICC 400/500/600" reference; the International Chamber of Commerce (ICC) states plainly on its own official warning page that it has never used such numbering, and that the reference is added to lend false credibility to fraudulent documents. ICC's actual model was published under a different name and number: Publication No. 769, the Model Occasional Intermediary Contract.
An NCNDA carries two separate commitments side by side: the "non-disclosure" side means the buyer/seller identity, source and price information shared by the intermediary is not disclosed to third parties; the "non-circumvention" side means the signatories will not use that information to bypass the intermediary and deal directly. Some versions also add a "working agreement" section describing how the parties will co-operate.
The second document that usually accompanies the NCNDA is the IMFPA (Irrevocable Master Fee Protection Agreement), which sets out how the commission payable to several intermediaries in a transaction chain is to be shared. ICC does not count the IMFPA among the documents it publishes; on the contrary, it explicitly lists it among the documents it states it "has never published". The existence of an IMFPA is not a guarantee that the commission will actually be paid.
Once the fake ICC references are stripped away, the NCNDA is reduced to an ordinary confidentiality and non-circumvention agreement; its binding force comes not from the ICC or from any special "trade law", but from the general contract law the parties are subject to and the jurisdiction they have chosen.
When You Encounter It
For ACR's clients, the NCNDA does not appear as part of the customs clearance process; this document is signed in commodity trading chains (particularly petroleum products, metals and grain), at the point of first contact between intermediaries, before the parties share each other's identity and source information. From time to time, an importing client shows us an NCNDA/IMFPA package that arrived with a forwarded supply offer and asks, "Do I need to sign this — is it binding?"
At this point our role is not to give legal advice, but to explain what the NCNDA means and its place — or rather its absence — in the customs clearance process. A genuine import or export transaction calls for documents such as the customs declaration, invoice and bill of lading — the NCNDA does not substitute for any of these and is not presented to the customs administration.
What It Doesn't Cover
- "The NCNDA is governed by ICC 400/500/600 rules" is a claim widely repeated on the Turkish internet, but it is false: the International Chamber of Commerce (ICC) has never published such a numbered NCND rule, and it states this plainly on its own official warning page.
- "The IMFPA is an official document recognised by the ICC" is a false claim: the ICC explicitly lists the IMFPA among the documents it states it "has never published". The existence of an IMFPA in an intermediary chain is not a guarantee that the commission will actually be paid.
- The idea that "signing an NCNDA proves the transaction between the parties is genuine" is false: the NCNDA is only a confidentiality and non-circumvention commitment, it does not guarantee the transaction is real.
- The idea that "the NCNDA is a document that must be presented during customs clearance" is false: the NCNDA is not defined in Turkish customs legislation and is not a mandatory document at any stage of the clearance process.
Often Confused With
| Comparison | Difference |
|---|---|
| NCNDA vs NDA (Confidentiality Agreement) | A classic NDA only commits to keeping the shared information confidential. The NCNDA additionally carries a "non-circumvention" clause: the parties also commit not to use the buyer/seller/source information they learned through the intermediary to bypass that intermediary and deal directly. |
Frequently Asked Questions
What is an NCNDA agreement?+
An NCNDA is a correspondence agreement signed between parties introduced by an intermediary in commodity trading, committing to keep information confidential (non-disclosure) and not to bypass the intermediary (non-circumvention). It is not a document defined in Turkish customs legislation.
What is the Turkish equivalent of an NCNDA agreement?+
NCNDA is the abbreviation for "Non-Circumvention, Non-Disclosure Agreement". There is no established official Turkish equivalent; in everyday usage it is referred to as a "confidentiality and non-circumvention agreement".
What is the difference between an NCNDA and an IMFPA?+
The NCNDA is a confidentiality and non-circumvention commitment; the IMFPA is a separate document committing to the sharing of commission payable to intermediaries in a transaction chain. The ICC does not count the IMFPA among the documents it publishes.
Is there an NCNDA/IMFPA template (Word) available?+
ACR does not offer a ready-made NCNDA/IMFPA template; most templates circulating online carry a fake ICC reference, and an incorrectly completed document can create false expectations between the parties. Instead, we have explained above which two commitments — confidentiality and non-circumvention — the document should contain.
These documents are not defined in Turkish customs legislation. The explanation here is based on practical experience encountering these documents in customs and foreign trade operations; it is not legal advice.
Source
ICC — Beware of Fraudulent Documents Mentioning ICC (iccwbo.org) — The International Chamber of Commerce's (ICC) official warning page about fraudulent documents bearing its name — including the IMFPA — and non-existent references such as "ICC 400/500/600"; it states that ICC's genuine NCND model is Publication No. 769.
Last updated: August 15, 2026