Unless the parties jointly inform the Court in writing of any additional agreements, this document in its entirety contains the terms of the plea agreement between the defendant and the United States. This agreement is limited to the District of Alaska and the Environmental Crimes Section of the Department of Justice; it does not bind other federal, state, or local prosecuting authorities.

I.
TERMS OF THE AGREEMENT

A.
Terms of Agreement

The defendant, IMC SHIPPING CO. PTE. LTD (IMC), agrees to plead guilty to a three-count information in this case. Any agreements the parties have on sentencing recommendations and guideline applications are set forth in Section III. IMC will waive all tights to appeal the conviction and sentence imposed under this agreement, and will waive all rights to collaterally attack the conviction and sentence, except on the grounds of ineffective assistance of counsel or the voluntariness of the plea.

B.
Federal Rule of Criminal Procedure 11

Under the terms of this agreement IMC will plead guilty to a three-count information charging IMC in Counts 1 and 2 with discharges in violation of the Refuse Act, 33 U.S.C. §§ 407, 411; and in Count 3 with killing migratory birds in violation of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703, 707(a). The parties expressly agree that this plea agreement is entered into pursuant to Rule



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