TDS payable on commission

I have to make the agency agreement with a forigen company have its place of business in bangladesh for the export orders to their country they give us. We have to pay them the commission on the order basis. "In the agreement should i specify that the tds will be deducted at 20% if they don't have the pan card no as per section 195 of income tax rule.Else it is nil against the pan no provided." Is this applicable to the company in Bangladesh also. Ramachandran