CONTRACT B2B

In jos

CONTRACT B2B

Mesaj  Admin la data de Mar Mai 01, 2012 12:55 pm

PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
EU EURO (€ EUR) FOR US DOLLARS ($ USD)
BANK TO BANK-SWIFT MT103

THIS PRIVATE FOREIGN EXCHANGE TRANSACTION AGREEMENT AND THE FOUR (4) ATTACHED ANNEXES ARE ENTERED ON THIS __ DAY OF ________ 2012 BY AND BETWEEN:

USD EXCHANGER :
ADDRESS :
TELEPHONE :
FACSIMILE :
REPRESENTED BY
CONTACT PERSON :
:
(HEREINAFTER REFERRED TO AS USD EXCHANGER OR USD PROVIDER)
AND
EURO EXCHANGER :
ADDRESS :
TELEPHONE :
FACSIMILE :
REPRESENTED BY
CONTACT PERSON :
:
(HEREINAFTER REFERRED TO AS EURO EXCHANGER OR EURO PROVIDER)

WHEREAS, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS, WARRANTIES, TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE UNDERSIGNED PARTIES AGREE AND STATE THAT THEY WISH TO ENTER INTO THIS AGREEMENT FOR THE EXCHANGE OF UNITED SATES DOLLARS (USD) FOR EUROS (EUR) UNDER THE FOLLOWING TERMS AND CONDITIONS:

a. THE USD PROVIDER PRESENTS THE LEGAL TENDER UNITED STATES DOLLARS (USD) AVAILABLE IN A BANK ACCOUNT AND WARRANTS, AND UNDER PENALTY OF PERJURY LAWS OF JURISDICTION AS IT APPLIES, CONFIRMS THAT THE US DOLLAR FUNDS ARE TOTALLY DERIVED FROM LEGAL SOURCES AND NOT FROM ANY ILLEGAL DRUG TRAFFIC OR MONEY LAUNDERING ACTIVITIES, TERRORIST GROUP OR ASSOCIATION AND NEITHER FROM ANY OTHER CRIMINAL ACTIVITY, AND CONFIRMS THAT THE FUNDS ARE GOOD, CLEAN, CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANY LIENS AND TAXES, FREELY TRANSFERABLE TO BE EXCHANGED FOR EUROS (EUR). AND,
b. THE EURO PROVIDER PRESENTS THE LEGAL TENDER EUROS (EUR) AVAILABLE IN A BANK ACCOUNT, AND WARRANTS, AND UNDER PENALTY OF PERJURY LAWS OF JURISDICTION AS IT APPLIES, CONFIRMS THAT THE EUROS FUNDS ARE TOTALLY DERIVED FROM LEGAL SOURCES AND NOT FROM ANY ILLEGAL DRUG TRAFFIC OR MONEY LAUNDERING ACTIVITY, TERRORIST GROUP OR ASSOCIATION AND NEITHER FROM ANY OTHER CRIMINAL ACTIVITY, AND CONFIRMS THAT THE FUNDS ARE GOOD, CLEAN, CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANY LIENS AND TAXES, FREELY TRANSFERABLE TO BE EXCHANGED FOR UNITED STATES DOLLARS (USD). AND,
c. THE PARTIES CONFIRM THAT THEIR RESPECTIVE BANK OFFICERS ARE FULLY AWARE OF THE REFERENCED TRANSACTION, AND ARE READY TO ADHERE TO AND PROCEED WITHIN TERMS AND CONDITIONS OF THIS AGREEMENT. AND, THE PARTIES SHALL HAVE THIS SIGNED PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT (PFCEA) DEPOSITED WITH THEIR RESPECTIVE BANKS HANDLING THE TRANSACTION FOR THE USD AND EURO EXCHANGE.

THIS CURRENCY EXCHANGE TRANSACTION IS A BANK-TO-BANK TRANSACTION, TO BE EXECUTED VIA SWIFTTRANSMITTAL TRANSFER UPON BANKS AGREEMENT, ACCORDING TO THE FOLLOWING TERMS, CONDITIONS AND AGREED BANK TO BANK PROCEDURE.

EURO PRINCIPAL’S CURRENCY: EURO
USD PRINCIPAL’S CURRENCY: US DOLLARS

1.1 DESCRIPTION OF THE UNITED STATES DOLLARS (USD) CURRENCY:

CURRENCY: UNITED STATES DOLLARS; LEGAL TENDER OF USA.
ORIGIN OF CURRENCY: NON-CRIMINAL ORIGIN.
YEAR OF CURRENCY ISSUE: CURRENT VALID CURRENCY; IN CIRCULATION, FREE FROM ANY LIENS OR ENCUMBRANCES, FREELY TRADABLE IN ANY COUNTRY
CONTRACT QUANTITY: 50 BILLION USD WITH R & E
FIRST TRANCHE: 5 HUNDRED THOUSAND USD
SUBSEQUENT TRANCHES: PER TRANCHE AS AGREED

1.2 DESCRIPTION OF THE EUROPEAN UNION EURO (EUR) CURRENCY:

CURRENCY: EUROS, LEGAL TENDER OF E. U.
ORIGIN OF CURRENCY: NON-CRIMINAL ORIGIN.
YEAR OF CURRENCY ISSUE: CURRENT VALID CURRENCY; IN CIRCULATION, FREE FROM ANY LIENS OR ENCUMBRANCES, FREELY TRADABLE IN ANY COUNTRY
CONTRACT QUANTITY: EQUIVALENT AMOUNT OF 50 BILLION USD WITH R & E
FIRST TRANCHE: EQUIVALENT AMOUNT OF 5 HUNDRED THOUSAND USD
SUBSEQUENT TRANCHES: PER TRANCHE AS AGREED SCHEDULE
2. TRANSACTION CONDITIONS:

TRANSACTION MODE: BANK-TO-BANK (SWIFT MT103)
RATE OF EXCHANGE: LONDON MORNING FIXING INTER-BANK EXCHANGE RATE.
BONUS: GROSS 15% USD; NET 10% TO THE EURO PRINCIPAL
CONSULTANCY FEES: TOTAL OF 5% ALLOWED TO BE SPLIT ON 50 / 50 BASIS
USD PRINCIPAL SIDE: 2.50% TO USD-P’S SIDE, TO BE PAID BY EUROPRINCIPAL (CLOSED)
EURO PRINCIPAL SIDE: 2.50% TO EURO-P’S SIDE, TO BE PAID BY EURO PRINCIPAL
FEE TRANSACTION MODE: FROM EURO-P’S BANK UNCONDITIONALLY TO PAYMASTERS.

USD MOVES FIRST WITH SWIFT MT103
PER EACH $100 USD THE EURO PRINCIPAL SHALL PAY THE EQUIVALENT VALUE IN EUROS OF $85 USD ON THE DAY OF EACH TRANCHE.

3. TRANSACTION PROCEDURES:
1) THE EURO PROVIDER OR AUTHORISED MANDATE REPRESENTATIVE WOULD ACCEPT, SIGN, SEAL AND RETURN THIS CURRENCY EXCHANGE AGREEMENT BY EMAIL IN PDF-FORMAT (HARD COPIES TO BE SENT BY COURIER SERVICE IF REQUIRED) ALONG WTH THE FPA, PASSPORT COPY, CIS AND A BANK COMFORT LETTER (BCL) SIGNED OF BY TWO BANK OFFICERS ESTABLISHING THEY CAN SEND THE MT799 FOR THE FIRST TRANCH UPON SIGNING THE CONTRACT. THE BCL IS ISSUED WITH AN AUTHORITY TO VERIFY (ATV).
2) USDP OR MANDATES EXCHANGE FULL DUE DILIGENCE COMPLIANCE PACKAGE, SIGN AND SEND BACK TO EURO PROVIDER.
3) THIS AGREEMENT ALONG WITH THE FPA IS TO BE LODGED WITH EACH PARTY’S BANK.
4) AT A SPECIFIED TIME: 14.00. EURO TIME, THE EURO-P BANK OFFICER CONTACT THE US DOLLAR P BANKER VIA SWIFT MT799 (FREE FORMAT MESSAGE) WIRE ACCORDINGLY:
EURO-P BANK SWIFT MT799 (FREE FORMAT MESSAGE):
WE, euro provider bank, CONFIRM UNDER FULL BANK RESPONSIBILITY THAT OUR CLIENT euro provider name IS READY WIILING AND ABLE, AND HAS FUNDS FREELY AVAILABLE TO ENTER INTO THIS CURRENCY EXCHANGE AGREEMENT WITH YOUR CLIENT AND BANK. WE FURTHER CONFIRM THE ABILITY TO RECEIVE THE QUANTITY OF USD 500.000 (FIVE HUNDRED THOUSAND UNITED STATES OF AMERICA DOLLARS), AND THAT HE (CLIENT)IS READY AND ABLE TO PROVIDE CLEAN, CLEAR AND NON-CRIMINAL EUROS FREE FROM ANY CHARGES OR TAXES, TO BE EXCHANGED AS PER TERMS AND CONDITIONS OF THE AGREEMENT BEARING THE ABOVE TRANSACTION CODE SIGNED, BY UNCONDITIONAL SWIFT WIRE, AFTER RECEIVING AND VERIFYING THE USD, TO THE COORDINATES PROVIDED BY THE USD PROVIDER, WITH SAME DAY CREDIT".
4.1) EURO PROVIDER WILL SEND COPY OF THE SWIFT MT799 VIA EMAIL TO …………………………………………
5) UPON RECEIPT OF THE EURO PRINCIPAL’S MT799, THE USD PRINCIPAL’S BANK TRANSFERS USD VIA MT103 CONDITIONAL SWIFT (MT103) TO THE EURO PRINCIPAL CLOSING BANK COORDINATES THE FIRST TRANCHE OF USD 5 HUNDRED THOUSAND
6) UPON VERIFICATION, THE EURO PRINCIPAL’S CLOSING BANK SHALL THEN SEND, ON THE SAME BANKING DAY AS ABOVE, VIA SWIFT MT103 UNCONDITIONALLY THE EURO TO THE USD PRINCIPAL’SRETURN BANK IN ACCORDANCE WITH THE BANKING INSTRUCTIONS WITHIN THIS AGREEMENT.
7) THE EURO PROVIDER PAYS OUT THE NECESSARY AGREED COMMISSIONS AS PER THE FPA AGREEMENT ATTACHED TO THIS CONTRACT.
Cool FURTHER TRANCHES ARE TO BE CONTINUED AS PER THE ABOVE PROCEDURE UNTIL THE USD IS EXHAUSTED OR THE AMOUNT OF AGREEMENT IS COMPLETED.

BANKING COORDINATES OF EURO PRINCIPAL AND USD PRINCIPAL AS PER ANNEX “A”

THE PARTIES MUST FOLLOW THE GUIDELINES PROVIDED BY THE RULES OF THE BANKS ON THE ANTI-TERRORISM ACT AND THE PATRIOT ACT II AND I. THE PARTIES WILL NOT BE HELD RESPONSIBLE FOR ANY HARMFUL MONEY LAUNDERING.
UNAUTHORIZED BANK CONTACTS WILL RESULT IN IMMEDIATE TERMINATION OF THIS CONTRACT

4. BANKING COORDINATES AND INSTRUCTIONS FOR USD-P AND EUR-P:

THE RESPECTIVE BANK ACCOUNT DETAILS ARE LISTED IN ANNEX “A” ATTACHED AND CANNOT BE CHANGED FOR THE LIFE OF THIS AGREEMENT WITHOUT WRITTEN NOTICE GIVEN TO ALL BENEFICIARIES OF CONSULTING FEES AND COMMISSIONS FIVE DAYS PRIOR TO ANY CHANGE.

5. CONSULTANCY FEES:

THE PAYOR OF THE CONSULTING FEES AND COMMISSIONS AS WELL AS THE EURO PRINCIPAL AND USD PRINCIPAL AS PRINCIPALS, IRREVOCABLY COMMIT THEMSELVES TO TRANSFER, UPON SETTLEMENT OF EACH TRANCHE EXCHANGED, INCLUDING ALL ROLLS AND EXTENSIONS, THE CONSULTANCY FEES AS FOLLOWS:

A. CONSULTANCY FEES TO EURO-PRINCIPAL’S SIDE:
TO BE PAID BY THE EURO PRINCIPAL TO THE BANK ACCOUNTS DESIGNATED BY THE PAYMASTERS IN ANNEX D” ATTACHED.
B.CONSULTANCY FEES TO USD-PRINCIPAL’S SIDE:
TO BE PAID BY THE EURO PRINCIPAL TO THE BANK ACCOUNTS DESIGNATED BY THE PAYMASTER IN ANNEX “D” ATTACHED.

6. CONSULTANCY FEES BANKING INSTRUCTIONS AND INFORMATION:

THE EURO PRINCIPAL SHALL RELEASE AND OTHERWISE TRANSFER FUNDS IN THE FORM OF USD FOR PAYMENT OF THE PAY ORDERS – FEE AGREEMENT- ATTACHED HEREWITH TO THE EUR AND USD FACILITATORS & BENEFICIARIES, TO THE NOMINATED BANK ACCOUNTS INDICATED IN THE PAY ORDERS, BY SWIFT WIRE TRANSFER. ALL PAYMENTS TO FACILITATORS WIRE TRANSFERS SHALL STATE THE FOLLOWING INSTRUCTION:

“FOR IMMEDIATE CREDIT- INSTANT CASH PAYMENT - SAME DAY VALUE”

7. OTHER TERMS AND CONDITIONS:

1. EXCHANGE RATE:THE EXCHANGE RATE IS AGREED AS THE OFFICIAL INTER-BANK EXCHANGE RATE AS OF THE DATE OF EXCHANGE. IF CLEARED FUNDS ARE RECEIVED INTO THEIR BANK ACCOUNT PRIOR TO THE 2.30 PM CUT OFF TIME PREVIOUSLY ADVISED, THE DAY WHEN THE EURO FUNDS ARE DEPOSITED IN THE USD ACCOUNT FOR THE TRANSACTION IS CONSIDERED AS EXCHANGE DATE, OTHERWISE THE NEXT WORK DAY WILL BE THE ONE VALID AS EXCHANGE DATE.
2. TERM OF AGREEMENT: THIS CONTRACTUAL AGREEMENT IS A FULL RECOURSE COMMERCIAL COMMITMENT ENFORCEABLE UNDER THE LAWS OF THE JURISDICTION OF USA, UK, SWITZERLAND OR ANY EUROPEAN UNION COUNTRY AS IT APPLIES. AND SAID LAW SHALL GOVERN THE INTERPRETATION, ENFORCEABILITY, PERFORMANCE, EXECUTION, VALIDITY AND ANY OTHER SUCH MATTERS REGARDING THIS CONTRACT.
AND, IT IS IN FULL FORCE AND EFFECT UNTIL COMPLETION OF THE TRANSACTION AND IT IS LEGALLY BINDING UPON THE PARTIES SIGNATORIES, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AGENTS, PRINCIPALS, ATTORNEYS AND ALL ASSOCIATED PARTIES INVOLVED IN THIS CONTRACT TRANSACTION.

3. CODES OF IDENTIFICATION: THE PARTIES TO THIS CONTRACT AGREE THAT ALL DOCUMENTS RELATED TO THIS TRANSACTION SHALL INDICATE THE CODES AS INDICATED HEREIN. IN ADDITION, THE CODES SHALL NOT BE CHANGED DURING THE TERM OF THIS TRANSACTION CONTRACT, INCLUDING ALL ROLLOVERS, RENEWALS, EXTENSIONS AND ALL ADDITIONS.

4. UNAUTHORIZED BANK COMMUNICATION: NEITHER PARTY IS ALLOWED TO CONTACT THE BANK OF THE OTHER PARTY WITHOUT THE AUTHORIZATION OF THE PARTY WHOSE BANK IS TO BE CONTACTED. ANY UNAUTHORIZED CONTACT ACT IS BREACH OF THIS CONTRACT.

5. TAXES, INSTITUTIONAL COSTS: BOTH PARTIES HERETO INDIVIDUALLY AND SEPARATELY ACCEPT LIABILITY OF TAXES, IMPOSTS, LEVIES, DUTIES OR CHARGES THAT MAY BE APPLICABLE IN THE EXECUTION OF THEIR RESPECTIVE ROLES IN THIS TRANSACTION.

6. PENALTY CLAUSE FOR NON-PERFORMANCE: SHOULD ANY OF THE PARTIES HEREIN FAIL TO PERFORM AS REQUIRED BY THIS CONTRACT. ONCE SIGNED, AND AFTER THE TERM OF VALIDITY THEREOF HAD EXPIRED, THEN, THE FAILING PARTY SHALL INDEMNIFY THE OTHER PARTY FOR AN AMOUNT OF THE 2% OF THE TOTAL QUANTITY OF THE TRANSACTION. AND ONE PERCENT OF SAID TWO [2%] PERCENT SHALL BE PAID AND EQUALLY DISTRIBUTED, TO EACH OF THE MANDATARS THAT MADE THE INTRODUCTION OF THE SIGNATORIES POSSIBLE.

7. LAW AND ARBITRATION: THIS CONTRACT IS A FULL RECOURSE COMMERCIAL COMMITMENT ENFORCEABLE UNDER THE LAWS OF JURISDICTION OF THE COUNTRIES WHERE THIS TRANSACTION IS EFFECTUATED, AND ANY DISPUTE IS TO BE RESOLVED UNDER THE ICC RULES FOR ARBITRATION, UNLESS THE AGGRIEVED PARTY TAKES LEGAL ACTION IN A COURT OF JURISDICTION. THE SWISS, BRITISH OR ANY EUROPEAN UNION COUNTRY LAW SHALL BE THE APPLICABLE LAW, AS THE AGGRIEVED PARTY MAY CHOOSE, AND SHALL GOVERN THE INTERPRETATION, CONSTRUCTION, ENFORCEABILITY, PERFORMANCE, EXECUTION, VALIDITY AND ANY OTHER SUCH MATTERS REGARDING THIS CONTRACTUAL AGREEMENT. THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT ANY DISCREPANCY AND/OR DISPUTE IN APPLICATION OF THIS AGREEMENT WILL BE SOLVED AMICABLY, BUT IF THIS IS NOT POSSIBLE, THE ARBITRATION PROCEDURE IS TO BE FOLLOWED.
8. THIS CONTRACT IS INTENDED TO BE PERFORMED IN ACCORDANCE WITH, AND ONLY TO THE EXTENT PERMITTED BY, ALL APPLICABLE LAWS OF JURISDICTION, ORDINANCES, RULES AND REGULATIONS. IF ANY PROVISION OF THIS CONTRACT BE CONSIDERED INVALID OR UNENFORCEABLE, THEN, THE REMINDER OF THIS CONTRACT SHALL NOT BE AFFECTED AND SHALL BE ENFORCED TO THE GREATEST EXTEND PERMITTED BY LAW.

9. NON-DISCLOSURE AND NON-CIRCUMVENTION: BOTH PARTIES ARE TO BE BOUND AND TO ABIDE BY THE NON-CIRCUMVENTION NON-DISCLOSURE RULES OF ALL ISSUES BY THE ICC, PARIS / FRANCE, LAST EDITION OF WHICH SHALL APPLY TO THIS TRANSACTION FOR A PERIOD OF FIVE (5) YEARS, NO MATTER WHETHER DIRECT OR INDIRECT.

10. EDT- ELECTRONIC DOCUMENT TRANSMITTAL & COUNTERPARTS: THIS CONTRACT MAY BE EXECUTED IN MULTIPLE COPIES AT DIFFERENT TIMES AND PLACES, EACH BEING CONSIDERED AN ORIGINAL AND BINDING. ALL FACSIMILE / ELECTRONIC TRANSMITTAL/ COMMUNICATIONS RELATING TO THIS TRANSACTION AND WHICH ARE MUTUALLY ACCEPTED BY THE PARTIES, SHALL BE DEEMED LEGALLY BINDING AND ENFORCEABLE DOCUMENTS FOR THE DURATION OF THE TRANSACTION.

11. FORCE MAJEURE: THE “FORCE MAJEURE” EXCEPTION CLAUSE OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC PUBLICATION NO. 421) IS HEREBY INCORPORATED AND MADE AN INTEGRAL PART OF THIS AGREEMENT. A PARTY CANNOT BE HELD IN DEFAULT IF THE REASON IS CAUSED BY FORCE MAJEURE. CASE MAY BE, WHEN EXECUTED BY BOTH PARTIES.

IN WITNESS WHEREOF, THE UNDERSIGNED HAVE READ THIS DOCUMENT AND HAD ADVISE OF ITS LEGALITY AND AFTER UNDERSTANDING THE CONTENT OF THIS CONTRACT WRITTEN IN THE ENGLISH LANGUAGE, BY KNOWLEDGE OF THE LANGUAGE OR BY PROFESSIONAL TRANSLATION TO THE PARTY’S LANGUAGE AND LEGAL ADVISE, AND INITIALED ALL THE PAGES OF THIS CONTRACT.IN ADDITION, FULLY UNDERSTAND AND AGREE THAT ITS EXECUTION CONSTITUTES AN ACCEPTANCE OF ALL OF ITS MUTUALLY PROTECTIVE COVENANTS, TERMS AND CONDITIONS, AND IS LAWFULLY BINDING UPON THE “PARTIES”, AND THEIR LEGAL HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS.


BY THE USD PROVIDER / AUTHORIZED SIGNATORY:

I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY THE SIGNATURE.

SIGNATURE: _________________________ DATE: _______________
SIGNATORIES FULL NAME:
TITLE:
ADDRESS:
TELEPHONE NUMBER:
FASIMILE NUMBER:
CELL PHONE NUMBER:
E-MAIL ADDRESS:
PASSPORT NUMBER (COUNTRY):
DATE OF ISSUE/ EXPIRATION:





BY THE EURO PROVIDER / AUTHORIZED SIGNATORY:

I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY SIGNATURE:

SIGNATURE: DATE:
SIGNATORIES FULL NAME:
TITLE: EURO PROVIDER
ADDRESS:
TELEPHONE NUMBER:
FASIMILE NUMBER:
CELL PHONE NUMBER:
E-MAIL ADDRESS:
PASSPORT NUMBER (COUNTRY):
DATE OF ISSUE/ EXPIRATION:



ANNEX “A”
USD PRINCIPAL’S BANKING COORDINATES:

BANK NAME HOLDING USD :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT N° :
IBAN CODE :
SWIFT / BIC CODE :
BANK OFFICER :
TELEPHONE N°. :
FACSIMILE N° :
E-MAIL BANK :
EURO PRINCIPAL’S BANKING COORDINATES:

BANK NAME HOLDING EURO :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT N° :
IBAN CODE :
SWIFT / BIC CODE :
BANK OFFICER :
TELEPHONE N°. :
FACSIMILE N° :
E-MAIL BANK :





ANNEX “B”

THE TRANCHE SCHEDULE (ALL AMOUNTS BELOW ARE IN USD):

DAY MULTIPLE TRANSACTION PER DAY AMOUNTS / TRANCHES TOTAL PER DAY COMPLETED TRANSACTION TOTAL
1 1 500.000 500.000 500.000
2 1 SUBSEQUENT TRANCHES WILL BE AGREED




SUBSEQUENT TRANCHES WILL BE AGRRED UPON BY THE BANKS.
ADDITIONAL TRANCHES WILL BE IN THE SAME AMOUNTS.

IF A TRANCHE DAY IS A NATIONAL HOLIDAY, THE EXCHANGE IS TO BE EXECUTED IN THE NEXT SUBSEQUENT OR IN THE PRIOR BANKING DAY. ALL OTHER TERMS AND CONDITIONS WILL BE IN ACCORDANCE WITH THIS CONTRACT.



ANNEX “C”

IRREVOCABLE MASTER FEE PROTECTION AGREEMENT
FOR THE TRANSACTION OF THE PRIVATE FOREIGN CURRENCY
EU EURO (€ EUR) FOR US DOLLARS ($ USD)

TO BE SIGNED BY EURO PRINCIPAL, TO THE BENEFICIARIES OF THIS FEE AGREEMENT:
USD PRINCIPAL SIDE: 2.50 % (PAID BY THE EURO PRINCIPAL) CLOSED
EUR PRINCIPAL SIDE: 2.50 % (PAID BY THE EURO PRINCIPAL)

ON THE MATTERS OF THE TRANSACTION CODE INDICATED HEREIN FOR THE EXCHANGE OF US DOLLARS AGAINST EUROS IN THE TOTAL CONTRAT AMOUNT OF 50B USD WITH ROLLS AND EXTENSIONS AND A TOTAL BONUS OF 5% TO BE PAID IN FEES,

I, euro provider name ,AS THE EURO PRINCIPAL PAYING FEES, IRREVOCABLY AND WITH FULL LEGAL AUTHORITY, AND CORPORATE RESPONSIBILITY, HEREBY AGREE AND GUARANTEE TO PROTECT, AND IMMEDIATELY CAUSE TO PAY, THROUGH THE PAYMASTER TO THE BANKING COORDINATES PROVIDED BY THE BENEFICIARIES, THE FEE AMOUNT OF 5.00% (FIVE PERCENT) IN US DOLLARSOR EUROS PER EACH TRANCHE DELIVERED OF THE TOTAL CONTRACT AMOUNT TO BE PAID AND DIVIDED AS AGREED HEREIN AND, TO BE PAID TO EACH OF THE FACILITATORS/ MEDIATORS/ INTERMEDIARIES AND AGENTS OF THE EURO PRINCIPAL’S SIDE INVOLVED IN THIS TRANSACTION AND, THE DISBURSEMENT OF CONSULTING FEES AND COMMISSIONS ARE TO BE MADE IMMEDIATELY UPON CLOSING OF EACH AND EVERY TRANSACTION TRANCHE DELIVERED, WITHOUT RESTRICTIONS, IMPOSTS OR TAXES IMPOSED, OR IMPEDIMENT, DELAYS OF ANY KIND OR NATURE WHATSOEVER OF ALL QUANTITIES / TRANCHES SCHEDULED TO BE DELIVERED AND PAID BY THE PAYOR/GUARANTOR OF THE CONSULTING FEES/COMMISSIONS TO THE DESIGNATED PAYMASTERS. FURTHERMORE, THE DELIVERY OF THESE FUNDS IS GUARANTEED WITH FULL CORPORATE AUTHORITY AND RESPONSIBILITY AS GOOD, CLEAN, CLEAR FUNDS OF NON-CRIMINAL ORIGIN.
WE, THE UNDERSIGNED, AGREE THAT THIS PAYMENT IS IRREVOCABLE, AND UNCONDITIONAL, AND SHALL BE MADE IMMEDIATELY BY A FREELY NEGOTIABLE BANK DRAFT, OR CASH SWIFT WIRE TRANSFER IN UNITED STATES DOLLARS OR EUROS PER TRANCHE TRANSACTED OF PRINCIPAL SUMS, THESE CONSULTING FEES AND OR COMMISSIONS WILL BE PAID REGARDLESS WHETHER THE BANKS OR TRANSACTIONS CODES ARE CHANGED. THE SAME PROPERTY RIGHTS OF INTRODUCTION OF SOURCES AND OF BUSINESS CONNECTION WILL BE UPHELD AND HONORED AS PER CONTRACT.
FEES PAID BY THE EURO PRINCIPAL TO THE US DOLLAR SIDE BENEFICIARIES PAYMASTER:
A) USD SIDE: 2.50% USDP SIDECOMMISSIONOF THE CONTRACT TOTAL AMOUNT
B) EURO SIDE: 2.50% EURO P SIDECOMMISSION OF THE CONTRACT TOTAL AMOUNT SPLITTING:
B 1) EURO Group: 1,25% COMMISSION OF THE CONTRACT TOTAL AMOUNT
B 2) USD Group: 1,25% COMMISSION OF THE CONTRACT TOTAL AMOUNT


A) - USD PROVIDER’S SIDE PAYMASTER: TWO POINT FIVE ZERO PERCENT, (2.50%) OF TOTAL CONTRACT VALUE
A.1) – USD PROVIDER: TWO POINT FIVE ZERO PERCENT, (2.50%), OF TOTAL CONTRACT VALUE (CLOSED)
PAYMASTER: (CLOSED)
COMMISSIONS : 2.5% OF TOTAL CONTRACT VALUE
PAYMASTER NAME :
PASSPORT NO
BANK NAME :
BANK ADDRESS :
COUNTRY/CITY :
BANK OFFICER :
TELEPHONE/ FAX :
E-MAIL :
ACCOUNT NAME :
ACCOUNT NUMBER :
IBAN CODE :
SWIFT / BIC CODE :
BENEFICIARIES :
SPECIAL WIRE
INSTRUCTIONS : All transfer instructions shall state: Funds are clean and clear of non-criminal origin, and are payable by FED Wire within one banking day upon receipt by Paymaster’s Bank. All Wire transfers shall incorporate above Text Message and a copy of Bank Wire Transfer slip shall be emailed to:

B) – EURO PROVIDER’S SIDE PAYMASTER: ONE POINT TWO FIVE PERCENT, (1.25%), OF TOTAL CONTRACT VALUE
B.1) - EURO MANDATE: ZERO POINT EIGHT THREE PERCENT, (0.83%), OF TOTAL CONTRACT VALUE
PAYMASTER:
COMMISSIONS : 0.83% OF TOTAL CONTRACT VALUE
PAYMASTER NAME :
PASSPORT NO
BANK NAME :
BANK ADDRESS :
COUNTRY/CITY :
BANK OFFICER :
TELEPHONE/ FAX :
E-MAIL :
ACCOUNT NAME :
ACCOUNT NUMBER :
IBAN CODE :
SWIFT CODE :
SWIFT / BIC CODE :
BENEFICIARIES :
SPECIAL WIRE
INSTRUCTIONS : All transfer instructions shall state: Funds are clean and clear of non-criminal origin, and are payable by FED Wire within one banking day upon receipt by Paymaster’s Bank. All Wire transfers shall incorporate above Text Message and a copy of Bank Wire Transfer slip shall be emailed to:


B.1.1 - EURO INTERMEDIARY-1: ZERO POINT TWENTY-ONE PERCENT, (0.21%), (OPEN)OF TOTAL CONTRACT VALUE
PAYMASTER’S NAME:
COMMISSIONS : 0.21% OF TOTAL CONTRACT VALUE (OPEN)
PAYMASTER NAME :
PASSPORT NO
BANK NAME :
BANK ADDRESS :
COUNTRY/CITY :
BANK OFFICER :
TELEPHONE/ FAX :
E-MAIL :
ACCOUNT NAME :
ACCOUNT NUMBER :
IBAN CODE :
SWIFT / BIC CODE :
BENEFICIARIES :
SPECIAL WIRE
INSTRUCTIONS : All transfer instructions shall state: Funds are clean and clear of non-criminal origin, and are payable by FED Wire within one banking day upon receipt by Paymaster’s Bank. All Wire transfers shall incorporate above Text Message and a copy of Bank Wire Transfer slip shall be emailed to:



B.1.1 - EURO INTERMEDIARY-1: ZERO POINT TWENTY-ONE PERCENT, (0.21%), (OPEN)OF TOTAL CONTRACT VALUE
PAYMASTER’S NAME:
COMMISSIONS : 0.21% OF TOTAL CONTRACT VALUE (CLOUSE)
PAYMASTER NAME : xxxxxxxxxx
PASSPORT NO
BANK NAME : xxxxxxxxxx
BANK ADDRESS : xxxxxxxxxxxxx
COUNTRY/CITY :
BANK OFFICER :
TELEPHONE/ FAX :
E-MAIL :
ACCOUNT NAME :
ACCOUNT NUMBER : xxxxxxxxxxxx
IBAN CODE : Xxxxxxx
SWIFT / BIC CODE :
BENEFICIARIES :
SPECIAL WIRE
INSTRUCTIONS : All transfer instructions shall state: Funds are clean and clear of non-criminal origin, and are payable by FED Wire within one banking day upon receipt by Paymaster’s Bank. All Wire transfers shall incorporate above Text Message and a copy of Bank Wire Transfer slip shall be emailed to:


B.2) – REPRESENTATIVE MANDATE USD~ ONE POINT TWO FIVE PERCENT, (1.25%), OF TOTAL CONTRACT VALUE

PAYMASTER’S NAME: (CLOSED)

COMMISSIONS : 1.25% OF TOTAL CONTRACT VALUE
PAYMASTER NAME :
PAYMASTER ADDRESS :
PASSPORT NO :
PAYMASTER TEL :
BANK NAME :
BANK ADDRESS :
COUNTRY/CITY :
BANK OFFICER :
TELEPHONE/ FAX :
E-MAIL :
ACCOUNT NAME :
ACCOUNT NUMBER :
ABA ROUTING CODE :
SWIFT CODE :
SPECIAL WIRE
INSTRUCTIONS : All transfer instructions shall state: Funds are clean and clear of non-criminal origin, and are payable by FED Wire within one banking day upon receipt by Paymaster’s Bank. All Wire transfers shall incorporate above Text Message and a copy of Bank Wire Transfer slip shall be emailed to: and
BENEFICIARIES : PER SUB AGREEMENT



BY THE EURO PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY SIGNATURE:

SIGNED AND SEALED ON BEHALF OF THE BUYER / EURO PROVIDER

SIGNATURE: DATE: _________________________

NAME:
ADDRESS:
COUNTRY:
ID NO:
PASSAPORT NO:
E-MAIL:





“ACCEPTED AND AGREED WITHOUT CHANGE (ELECTRONIC SIGNATURE IS VALID AND ACCEPTED AS HAND SIGNATURE)”
EDT ( ELECTRONIC DOCUMENT TRANSMISSIONS)
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS) SHALL BE DEEMED VALID AND ENFORCEABLE IN RESPECT OF ANY PROVISIONS OF THIS CONTRACT. AS APPLICABLE, THIS AGREEMENT SHALL BE:-INCORPORATE U.S. PUBLIC LAW 106-229, ‘‘ELECTRONIC SIGNATURES IN GLOBAL & NATIONAL COMMERCE ACT’’ OR SUCH OTHER APPLICABLE LAW CONFORMING TO THE UNCITRAL MODEL LAW ON ELECTRONIC SIGNATURES (2001) ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, GENEVA, MAY 2000) ADOPTED BY THE UNITED NATIONS CENTRE FOR TRADE FACILITATION AND ELECTRONIC BUSINESS (UN/CEFACT). EDT DOCUMENTS SHALL BE SUBJECT TO EUROPEAN COMMUNITY DIRECTIVE NO. 95/46/EEC, AS APPLICABLE. EITHER PARTY MAY REQUEST HARD COPY OF ANY DOCUMENT THAT HAS BEEN PREVIOUSLY TRANSMITTED BY ELECTRONIC MEANS PROVIDED HOWEVER, THAT ANY SUCH REQUEST SHALL IN NO MANNER DELAY THE PARTIES FROM PERFORMING THEIR RESPECTIVE OBLIGATIONS AND DUTIES UNDER EDT INSTRUMENTS.



FOR THE USD EXCHANGER: FOR THE EURO EXCHANGER:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY THE SIGNATURE.





_________________
SIGNATURE SEAL I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY THE SIGNATURE.





_________________
SIGNATURE SEAL
NAME: MR. MR.
TITLE: USD PROVIDER TITLE: EURO PROVIDER
PASSPORT: PASSPORT:
DATE: __ 2012 DATE: ___ 2012



ANNEX “D”


THE USD PROVIDER AND THE EURO P PRESENTS THE LEGAL TENDER UNITED STATES DOLLARS (USD) AND EUROS AVAILABLE IN A BANK AND WARRANTS UNDER PENALTY OF PERJURY LAWS OF JURISDICTION AS IT APPLIES, THAT THE US DOLLAR AND EURO FUNDS ARE TOTALLY DERIVED FROM LEGAL SOURCES AND NOT FROM ANY ILLEGAL DRUG TRAFFIC OR MONEY LAUNDERING ACTIVITIES, TERRORIST GROUP OR ASSOCIATION AND NEITHER FROM ANY OTHER CRIMINAL ACTIVITY, AND CONFIRMS THAT THE FUNDS ARE GOOD, CLEAN, CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANY LIENS AND TAXES, FREELY TRANSFERABLE TO BE EXCHANGED FOR EUROS (EURO) AND USD

THE PARTIES MUST FOLLOW THE GUIDELINES PROVIDED BY THE RULES OF THE BANKS ON THE ANTI-TERRORISM ACT AND THE U.S.A. PATRIOT ACT II AND I. THE USD-PR AND EURO-PR WILL NOT BE HELD RESPONSIBLE FOR ANY HARMFUL MONEY LAUNDERING.

EACH PARTY, INDIVIDUALLY AND SEPARATELY, ACCEPTS LIABILITIES ON TAXES, IMPORT, LEVIES, DUTIES OR CHARGES THAT MAY BE APPLICABLE WHILE IN THE EXECUTION OF THEIR INSTITUTIONAL ROLE.

USD P
NAME
PASSPORT NO:
SIGN:







EURO P
NAME:
PASSPORT NO:
SIGN:



EURO PROVIDER COLOR PASSPORT




USD PROVIDER COLOR PASSPORT



<<<<<<<< END OF DOCUMENT >>>>>>>>>
avatar
Admin
Admin

Mesaje : 11
Data de înscriere : 28/04/2012

http://financiar2all.wikiforum.ro

Sus In jos

Sus


 
Permisiunile acestui forum:
Nu puteti raspunde la subiectele acestui forum