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USD PROVIDER OR USD PROVIDER’S MANDATE ADVISED WE REPORT ALL FRAUD ACTIVITIES AND ATTEMPT TO COMMIT CRIMES
TO: INTERPOL, FBI, CIA, IC3, US TREASURY DEPT., FIN CEN, SEC, FEDERAL RESERVE, ICC COMMERCIAL CRIME SERVICES,
RCMP, NEW SCOTLAND YARD, CITY OF LONDON FRAUD SQUAD, CRIME STOPPERS INTERNATIONAL AS WELL AS ANY LAW ENFORCEMENT
AGENCY IN YOUR AREA.
SOLICITATION: A SOLICITATION IS ANY REQUEST TO SUBMIT OFFERS OR QUOTATIONS TO THE GOVERNMENT FOR THE PURPOSE OF ACQUIRING
PRODUCTS AND SERVICES. ONCE THE GOVERNMENT AGENCY HAS ACQUISITION AUTHORITY, THE AGENCY PREPARES A SOLICITATION THAT FULLY
DESCRIBES AND SPECIFIES WHAT IT WANTS TO PURCHASE, THE TERMS AND CONDITIONS OF THE PURCHASE, DELIVERY SCHEDULES, AND SUPPORT
NEEDED FOR THE PRODUCT OR SERVICE. IT IS GENERALLY DURING THIS PREPARATION TIME THAT THE GOVERNMENT DETERMINES IF THIS WILL BE A
SOLE SOURCE OR AN OPEN COMPETITION ACQUISITION
SOLICITATION: A SPECIFIC, WRITTEN DOCUMENT OR ORAL REQUEST FOR MONEY. SIGNED LETTER OF REQUEST AND NON-SOLICITATION IS A
BINDING DOCUMENT EXECUTED UNDER THE PENALTY OF PERJURY OF LAW
THIS PRIVATE FOREIGN EXCHANGE TRANSACTION AGREEMENT AND THE ATTACHED ANNEXES ARE ENTERED ON THIS _____DAY OF 2010 BY AND
BETWEEN:
USD EXCHANGER :
ADDRESS :
TELEPHONE :
FACSIMILE :
AND
EURO EXCHANGER :
ADDRESS :
TELEPHONE :
FACSIMILE :
WHEREAS, THE USD EXCHANGER PRESENTS THE LEGAL TENDER UNITED STATES DOLLAR (USD) AVAILABLE AND
WARRANTS THAT THEY ARE GOOD, CLEAN, CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANY LIENS AND TAXES,
FREELY TRANSFERABLE TO BE EXCHANGED FOR EUROS.
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
WHEREAS, THE EURO EXCHANGER PRESENTS THE LEGAL TENDER EURO (EUR) AVAILABLE AND WARRANTS THAT
THEY ARE GOOD, CLEAN, CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANY LIENS AND TAXES, FREELY
TRANSFERABLE TO BE EXCHANGE FOR UNITES STATES DOLLAR (USD).
WHEREAS, 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.
WHEREAS, THIS CURRENCY EXCHANGE TRANSACTION IS A LEDGER TO LEDGER TRANSFER UPON BANKS AGREEMENT, ACCORDING TO THE
FOLLOWING TERMS, CONDITIONS AND AGREED LEDGER TO LEDGER PROCEDURE.
WHEREAS, THE PARTIES WISH TO ENTER INTO THIS AGREEMENT FOR THE EXCHANGE OF UNITES STATES DOLLAR
(USD) FOR EURO (EUR) UNDER THE FOLLOWING TERMS AND CONDITIONS:
A.STATEMENT:
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 ADVICE , AND INITIALED ALL THE PAGES OF THIS CONTRACT AND ,
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 ASSIGNEES .
EACH PERSON WHO SIGNS THIS CONTRACT AS EURO PROVIDER OR AS USD PROVIDER OR AS THEIR MANDATE ACCEPTS
FULL RESPONSIBILITY FOR PERFORMING UNDER THIS CONTRACT , AND REALIZES THAT THEY ARE EACH SUBJECT TO CRIMINAL LIABILITY FOR
FRAUD, INCLUDING UP TO FIVE YEARS IN PRISON . IF THIS CASE IS PROVEN , THE PENALTY CLAUSE DOES APPLY ALWAYS AND AT
PENALTY CLAUSE DOES NOT APPLY IF THE USD HAS NOT BEEN CONFIRMED AT FIRST AS CONFIRMATION OF USD DEPENDS ON THE
STATE/N ATION AUTHORITIES CONCERNED . T HE SAME SITUATION WILL BE REVERSIBLE APPLICABLE FOR THE EURO PROVIDER.
PENALTY CLAUSE DOES APPLY TO THE EURO PROVIDER IF HE DID NOT SEND ALL THE DOCUMENTS (AS PER THE LIST OF ARTICLE
3 ABOVE ), WITHIN 48 HOURS AFTER HAVING SENT THE CONTRACT SIGNED TO THE USD PROVIDER.
PENALTY CLAUSE DOES NOT APPLY IF THE CONCERNED AUTHORITIES STOP THE CONTRACT FOR ANY REASON WHATSOEVER . THE SAME
PRESCRIPTION WILL BE RECIPROCALLY APPLICABLE TO THE EURO PROVIDER AND USD PROVIDER.
THE USD PROVIDER AND THE EURO PROVIDER CANNOT BE HELD RESPONSIBLE IF THE BANK OFFICERS DO NOT RESPECT THE
TERMS AND CONDITIONS OF THE CONTRACT WHATEVER THE CAUSES OF SUCH FAILURE . IN THIS CASE , THE PENALTY CLAUSE DOES NOT
APPLY .
WHEREAS, BOTH PARTIES HEREIN HAVE IRREVOCABLY AGREED TO COMPLY FULLY WITH RULINGS OF THE DUE DILIGENCE CONVENTION OF THE
FEDERAL BANKING COMMISSION DATED 1991 REGARDING MONEY LAUNDERING AND ARTICLE 305 OF THE SWISS CRIMINAL CODE WHICH
CAME TO OPERATION IN JUNE 2001 RELATED TO FINANCIAL TRANSACTIONS IN CONFORMITY WITH FTF (FINANCIAL TASK FORCE)
REQUIREMENTS AND IN ACCORDANCE WITH H.R.3723 DATED 11TH OF OCTOBER 1996, SIGNED BY, THE THEN US PRESIDENT MR. BILL
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
CLINTON IN PROTECTING $USD VALUE FROM ANY AND ALL TRANSACTION WHICH MAY DIRECTLY OR INDIRECTLY SUPPRESS, DIMINISH OR
REDUCE ITS VALUE IN ANY FORM ALSO TO FOLLOW THE FULL PROTOCOL OF "BASEL-I" AND "BASEL II", VERBATIM.
CONCERNING THE PREVENTION OF MONEY LAUNDERING, AND ARTICLE 305 OF THE SWISS CRIMINAL CODE, THE FOLLOWING INFORMATION MAY
BE SUPPLIED TO BANKS AND FINANCIAL INSTITUTIONS FOR VERIFICATION OF IDENTITY AND ACTIVITIES OF THE INVESTING MEMBER, AND THE
NATURE AND ORIGIN OF THE FUNDS WHICH ARE TO BE UTILIZED. ALL PARTIES ARE OBLIGED TO RESPECT PROFESSIONAL SECRECY AND TAKE ALL
NECESSARY PRECAUTIONS TO PROTECT CONFIDENTIALITY OF THE INFORMATION EACH HOLDS IN RESPECT TO THE OTHER’S ACTIVITIES. THE LEGAL
I HEREBY REPRESENT THAT I AM NOT AN INFORMANT, NOR AM I ASSOCIATED WITH ANY GOVERNMENT AGENCY OF THE UNITED STATES OF
AMERICA, OR ANY OTHER COUNTRY, SUCH AS THE SECRET SERVICE, INTERNAL REVENUE SERVICE, AND FEDERAL BUREAU OF
EMPLOYEE AND UNDERSTAND THAT NEITHER ARE YOU OR YOUR ORGANIZATION. I FURTHER UNDERSTAND THAT THIS PRIVATE CURRENCY
TRANSACTION IS EXEMPT FROM THE SECURITIES ACT AND NOT INTENDED FOR THE GENERAL PUBLIC AND ALL MATERIALS ARE FOR PRIVATE USE
ONLY.
THIS SIGNED LETTER OF REQUEST AND NON-SOLICITATION IS A BINDING DOCUMENT EXECUTED UNDER THE PENALTY OF PERJURY OF LAW.
THE ORIGINS OF FUNDS ARE IN COMPLIANCE WITH ANTI-MONEY LAUNDERING POLICIES AS SET FORTH BY THE FINANCIAL ACTION TASK FORCE OF
JUNE 2001 AND THE US PATRIOT ACT, THE ORIGIN OF FOREIGN ASSETS CONTROL [NATIONALS AND BLOCKED PERSON EMBARGOED] AND
OTHER APPLICABLE LAWS AND ARE NOT FROM TERRORIST SOURCES. ALL BUSINESS ACTIVITIES ARE LEGAL.
I HEREBY DECLARE AND AFFIRM, UNDER PENALTY OF PERJURY LAWS, THAT THE INFORMATION PROVIDED HEREIN IS BOTH TRUE AND ACCURATE. I
CONFIRM THAT I AM IN CONTROL OF SAID FUNDS/ASSETS DESCRIBED HEREIN AND THAT
I AM THE SIGNATORY ON THE AFOREMENTIONED BANK
ACCOUNT WITH COMPLETE CONTROL OF THE BANK ACCOUNTS MENTIONED HEREIN. I HAVE FULL AUTHORITY TO EXECUTE ALL CONTRACTS RELATING
TO THE PRIVATE PLACEMENT TRANSACTION ENVISAGE. THE ORIGIN OF THE FUNDS/ASSETS ARE DERIVED FROM NON-CRIMINAL ORIGIN, ARE GOOD,
CLEAN AND CLEARED AND ARE IN FULL COMPLIANCE WITH ANTI-MONEY-LAUNDERING LAWS AND POLICIES OF THE USA AND THE EUROPEAN
UNION AND WITH ALL INTERNATIONAL AND LOCAL BANKING REGULATIONS AS SET FORTH BY THE FINANCIAL ACTION TASK FORCE (FATF)
6/01.
THE EURO PROVIDER BANK HAS TO ACCEPT LEGALLY THE OFFICIAL CURRENCY EXCHANGE REQUEST, DONE OFFICIALLY AND DIRECTLY BY THE
EURO PROVIDER TO THE EURO PROVIDER BANK, ALL AS PER STANDARD REGULATORY GUIDELINES FOR CURRENCY EXCHANGE. FOR
THAT ACCEPTATION, THE FUNDS PROPOSED BY THE EURO PROVIDER HAVE TO BE DEPOSITED IN A BANK ACCOUNT, FREE OF ALL LIENS AND
ENCUMBRANCES OF ANY KIND AND OF ANY NATURE WHATSOEVER THE CONCERNED FINANCIAL AUTHORITIES HAVE TO ACCEPT THE EURO
PROVIDER. IN THE PRESENT CASE, THE FINANCIAL AUTHORITIES ARE USA, EUROPEAN UNION.
EURO PROVIDER BANK SEND CONFIRMATION AND ACCEPTATION VIA BCL FAX TO USD AGENT BANK ASSIGNEE.
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
A. THE EURO PROVIDER PRESENTS THE LEGAL TENDER EUROPEAN UNION EUROS (€ EUR) AVAILABLE IN A BANK ACCOUNT, AND
WARRANTS UNDER PENALTY OF PERJURY LAWS OF JURISDICTION AS IT APPLIES AND CONFIRMS THAT THE € EUROS ARE DEPOSITED IN A BANK
ACCOUNT AND ARE TOTALLY DERIVED FROM LEGAL SOURCES AND NOT FROM ANY ILLEGAL DRUG TRAFFIC OR MONEY LAUNDERING, TERRORIST
GROUPS, ACTIVE OR BY ASSOCIATION, AND ARE NOT FROM ANY OTHER CRIMINAL ACTIVITY.
FURTHER, THE EURO PROVIDER WARRANTS AND
CONFIRMS THAT THE FUNDS ARE DEPOSITED IN A BANK ACCOUNT AND ARE GOOD, CLEAN, CLEARED, OF NON-CRIMINAL ORIGIN, FREE FROM ANY
COSTS, CHARGES, ENCUMBRANCES, LIENS, LITIGATION, MORTGAGES, TAXES, OF ANY KIND OR NATURE WHATSOEVER AND ARE FREELY
B. USD, TRAMIT DILIGENCE FROM INTERPOL AND USA INSTITUTIONS AND OTHERS.
C. THE USD PROVIDER WILL PRESENT THE LEGAL TENDERUNITED STATES DOLLARS ($ USD) AND WARRANTS UNDER PENALTY OF
$ USD ARE NOT DEPOSITED IN A BANK ACCOUNT AS REQUIRED BY LAW
PERJURY LAWS OF JURISDICTION AS IT APPLIES AND CONFIRMS THAT THE
WITHIN THIS SPECIFIC CONTRACT THEN, IT CONFIRMS THAT THE $ USD WILL BE TOTALLY DERIVED FROM LEGAL SOURCES AND NOT FROM ANY
ILLEGAL DRUG TRAFFIC OR MONEY LAUNDERING, TERRORIST GROUPS, ACTIVE OR BY ASSOCIATION, AND WILL NOT BE FROM ANY OTHER CRIMINAL
ACTIVITY. FURTHER, THE USD PROVIDER WARRANTS AND CONFIRMS THAT THE FUNDS WILL BE GOOD, CLEAN, CLEARED, OF NON-CRIMINAL
ORIGIN, FREE FROM ANY COSTS, CHARGES, ENCUMBRANCES, LIENS, LITIGATION, MORTGAGES, TAXES OF ANY KIND OR NATURE WHATSOEVER AND
PARTIES WARRANT WITH FULL LEGAL AND CORPORATE RESPONSIBILITY THAT THEY AGREE TO SIGN THIS CONTRACTUAL AGREEMENT HEREINAFTER
· NOT IN TRANSACTIONS WHICH ARE DAMAGING ECONOMY OF THE USA, OR OF THE EUROPEAN COMMUNITY AND OR OF ANY OTHER
STATES/NATIONS; THAT INCLUDES AND CONCERNS ALSO ALL TRANSACTIONS WHICH GIVE AN ILLEGAL ECONOMIC ADVANTAGE TO A PARTY,
BOTH UNDERSIGNED PARTIES, WITH FULL PERSONAL AND CORPORATE RESPONSIBILITY, UNDER PENALTY OF
PERJURY, DO HEREBY CONFIRM THAT THEY ARE READY, WILLING AND ABLE TO EXCHANGE GOOD, CLEAN, CLEAR,
LEGALLY OWNED AND OF NON CRIMINAL ORIGIN UNITED STATES DOLLAR, AGAINST GOOD, CLEAN, CLEAR, LEGALLY
OWNED AND OF NON CRIMINAL ORIGIN EURO. THIS CURRENCY EXCHANGE TRANSACTION IS A LEDGER-TO-LEDGER
PROCESS, ACCORDING TO AN AGREED PROCEDURE, AT THE USD/EURO EXCHANGE RATE ON THE DAY OF THE
EXCHANGE, AS PER THE FOLLOWING CONDITIONS AND PROCEDURES:
1.VOLUME OF TRANSACTION.
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TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
1.3.-EXTENSIONS TO BE AGREED UPON IN WRITING AT LEAST FIVE BANKING DAYS PRIOR TO THE SUPPOSED EXCHANGE.
2. EXCHANGE RATE.
2.1-EXCHANGE RATE IS AGREED AS THE OFFICIAL INTERBANK EXCHANGE RATE AS OF THE DATE OF EXCHANGE.
(LONDON MORNING FIXING INTER-BANK EXCHANGE RATE)
2.2-PER EACH 100.00 USD WIRED BY THE USD EXCHANGER, THE EURO EXCHANGER WILL RETURN IN EURO
EQUIVALENT TO 85.00 USD ON THE DAY OF EACH TRANCHE.
3. CONSULTANCY FEE:
CONSULTANCY FEES BANKING INSTRUCTIONS AND INFORMATION: THE EURP SHALL RELEASE AND OTHERWISE
TRANSFER FUNDS IN THE FORM OF USD AND/OR EURO FOR PAYMENT OF THE PAY ORDERS – FEE AGREEMENT-
ATTACHED HEREWITH TO THE EUROP AND USDP FACILITATORS, MANDATES & 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:
THE BANK OFFICER IN CHARGE OF THE PAYMENT OF THE COMMISSION AND THE CONSULTANCY FEES AS WELL AS THE EURO PROVIDER AS
PRINCIPAL, IRREVOCABLY COMMIT THEMSELVES TO TRANSFER, UPON SETTLEMENT OF EACH TRANCHE EXCHANGED, INCLUDING ALL ROLLS AND
EXTENSIONS, TO BE PAID BY THE EURO PROVIDER TO THE BANK ACCOUNT DESIGNATED BY PAYMASTERS IN ANNEX “E” ATTACHED.
THE PAYOR OF THE CONSULTING FEES AND COMMISSIONS (EUROP) AS WELL AS THE EUROP AND USDP AS
PRINCIPALS, IRREVOCABLY COMMIT THEMSELVES TO TRANSFER, UPON SETTLEMENT OF EACH TRANCHE
EXCHANGED, INCLUDING ALL ROLLS AND EXTENSIONS, THE CONSULTANCY FEES AS FOLLOWS:
4. TIME OF DELIVERY
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
TRANCHES ARE TO BE MADE ACCORDING TO THE PROCEDURE AS PRESCRIBED IN ART. 9 OF THE AGREEMENT AND
ADDENDUM 3. TRANSACTION CONTRACT QUANTITY: UNITED STATES DOLLAR AGREED IN ANNEX B. EXTENSIONS TO BE AGREED
UPON BETWEEN THE PARTIES IN WRITING AT LEAST FIVE BANK DAYS PRIOR TO THE SUPPOSED EXCHANGE. THE EURO PROVIDER DESIRES TO
EXCHANGE THE AMOUNT AS AGREED IN ANNEX B WITH ROLLS AND EXTENSIONS, UNTIL USD ARE EXHAUSTED.
5. TERM OF AGREEMENT
THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT UNTIL COMPLETION OF THE TRANSACTION AND IS
CONSIDERED AS LEGALLY BINDING UPON THE PARTIES, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AGENTS,
PRINCIPALS, ATTORNEYS AND ALL ASSOCIATED PARTIES INVOLVED IN THE TRANSACTION. TERM OF AGREEMENT:
THIS CONTRACTUAL AGREEMENT IS A FULL RECOURSE COMMERCIAL COMMITMENT ENFORCEABLE UNDER THE LAWS OF JURISDICTION OR UNDER
INDIA, USA., U.K. OR EUROPEAN UNION COUNTRIES LAW 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.
6. CODES OF IDENTIFICATION
BOTH PARTIES AGREE THAT ALL DOCUMENTS RELATED TO THIS TRANSACTION BEAR THE CODES LISTED ON PAGE
01 OF THIS AGREEMENT AND THAT THE SAID CODES REMAIN UNCHANGEABLE WITHIN THIS AGREEMENT DURATION,
INCLUDING ALL ROLLOVERS, EXTENSIONS AND ADDITIONS. CODES OF IDENTIFICATION: THE PARTIES TO THIS CONTRACT
AGREE THAT ALL DOCUMENTS RELATED TO THIS TRANSACTION SHALL INDICATE THE CODES AS INDICATED HEREIN. AND, THE CODES SHALL NOT BE
CHANGED DURING THE TERM OF THIS TRANSACTION CONTRACT, INCLUDING ALL ROLLOVERS, RENEWALS, EXTENSIONS AND ALL ADDITIONS.
7. COSTS
7.1. EACH PARTY, INDIVIDUALLY AND SEPARATELY, ACCEPTS LIABILITIES ON TAXES, IMPOST, LEVIES, DUTIES OR CHARGES THAT WILL BE
APPLICABLE WHILE THE EXECUTION OF THEIR INSTITUTIONAL ROLE.
7.2. EACH PARTY INDIVIDUALLY AND SEPARATELY, IS LIABLE FOR THEIR INSTITUTIONAL COSTS, FEES ETC.
8. BANKING
9. PROCEDURES
TRANSACTION PROCEDURES LEDGER TO LEDGER FOR THE EACH TRANCHE – IN EURO PROVIDER’S BANK
Euro MOVES FIRST BASIS:
9.1. THE EUR-PR WILL COMPLETE HIS PART OF THIS DRAFT CONTRACT INCLUDING BANKING DETAILS (ADDENDUM 2), AMENDS
THE TRANCHE SCHEDULE (ADDENDUM 3), SIGNS IT AND TOGETHER WITH SIGNED ATTACHED FEE PROTECTION AGREEMENT
(FPA), (ADDENDUM - E), SUBMITS IT FOR COMPLETION AND SIGNATURE BY THE USD-PR. THE DOCUMENT WILL BE
ACCOMPANIED BY:
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
• ONE-PAGE BIOGRAPHY OF PROVIDER/SIGNATORY.
• HISTOSY OF FUNDS
• NON-SOLICITATION LETTER
• MANDATE APPOINTMENT DOCUMENT AND FULL-PAGE PASSPORT COPY - IF APPLICABLE
AUTHORITY FOR BANK OFFICER TO BANK OFFICER CALL AFTER CONTRACT IS LODGED WITH USDP AND EUROP BANK.
9.2. THE USD-PR WILL COMPLETE HIS PART OF THIS DRAFT CONTRACT INCLUDING BANKING DETAILS (ADDENDUM 1), AMEND IT, IF
NECESSARY, SIGN IT AND SEND IT BACK TOGETHER WITH FEE PROTECTION AGREEMENT (FPA) WHICH IS INTEGRAL PART OF THIS AGREEMENT,
ADDENDUM 4. IF NO INSERTION OR AMENDMENT MADE BY USD-PR IS REJECTED IN WRITING AND DELIVERED BY EUR-PR WITHIN 48
BANKING HOURS AFTER THIS AGREEMENT, SIGNED BY USD-PR, HAS BEEN RECEIVED BY EUR-PR, THIS AGREEMENT SHALL BE DEEMED TO BE
VALID, IN FULL FORCE AND EFFECT IMMEDIATELY.
9.3. BOTH PARTIES WILL DEPOSIT A COPY OF THIS CONTRACT WITH THEIR RESPECTIVE BANK OFFICERS IN THE EUR-PR'S
BANK.
9.4. UPON SIGNED CONTRACT THE EURPF WILL ASSIST THE USDPF TO OPEN AN ACCOUNT IN USD AT THE EURPF
BANK WHERE THE PFCEA WILL BE LODGED, IN A LEDGER TO LEDGER SYSTEM, WHERE THE USD WILL BE
TRANSFERRED TO. (USD PROVIDER WILL SUBMIT ALL NECESSARY DOCUMENTS FOR THE ACCOUNT OPENING AT
EURPF BANK) BY THIS WAY, THE USD-PROVIDER WILL OPEN AN ACCOUNT AT THE EUR-PROVIDER’S BANK AT THE AGREED DATE AND
TIME.
9.5. BANK OFFICER (SAME BANK OFFICER WILL ACT FOR BOTH) WILL CONFER WITH THE RESPECTIVE PARTIES TO ESTABLISH AN AGREED
WINDOW TIME FOR THE SCHEDULED TRANCHE AND CONFIRM THE USD AMOUNT OF THE TRANCHE.9.6 THE USD-PROVIDER DEPOSITS THE
USD-FUNDSON HIS OWN ACCOUNT AND INFORM THE EUR PROVIDER’S BANK OFFICER WHO WILL BE THE SAME FOR THE
USD PROVIDER AND THE EUR PROVIDER FOR READINESS TO TRANSFER USD TO EURO PROVIDER’S ACCOUNT BY
LEDGER TO LEDGER ACCOUNT TRANSFER AND AFTER THE USD-FUNDS ARE ACCEPTED BY THE EUR-PROVIDER’S BANK OFFICER, THE
USD-PROVIDER WILL TRANSFER THE USD-FUNDS TO THE EUR-PROVIDER’S USD ACCOUNT AT THE AGREED WINDOW TIME, CONDITIONALLY
AGAINST THE AGREED RECEIPT OF THE EUR-FUNDS.
9.7 SIMULTANEOUSLY THE EUR-PR'S BANK OFFICER WILL MOVE BY LEDGER TRANSFER FROM THE EUR-PR'S EUR ACCOUNT
TO THE USD-PR'S EUR ACCOUNT, EUROS IN THE CONVERTED AMOUNT EQUAL TO 85% (EIGHTY FIVE PERCENT) OF
THE USD TRANCHE AMOUNT.
9.8. RATE OF EXCHANGE SHALL BE THE OFFICIAL INTER-BANK EXCHANGE RATE, AS OF THE DAY PRIOR TO THE DATE OF
EXCHANGE.
9.9. THE PROCESS DESCRIBED IN SECTIONS 9.6 TO 9.7 SHALL BE REPEATED EACH BANKING DAY OF THE EUR-PR'S BANK UNTIL
THE TOTAL USD IS DEPLETED OR COMPLETELY EXHAUSTED, WITH ROLLS AND EXTENSIONS OR AS MUTUALLY
AGREED BY THE PARTIES.
THE RESPECTIVE BANK ACCOUNT DETAILS ARE LASTED IN THE ATTACHED ANNEX “A” AND THOSE COORDINATES CANNOT BE CHANGED DURING THE
WHOLE PERIOD OF THIS AGREEMENT WITHOUT NOTICE GIVEN TO ALL FACILITATORS AND BENEFICIARIES OF CONSULTANCY FEES 5 (FIVE) WORKING
DAYS PRIOR TO ANY CHANGE.
1. TRANSACTION CONTRACT QUANTITY: UNITED SATES DOLLARS (USD) IN THE CONTRACT AMOUNT OF 50
[FIFTY] BILLION USD. EXTENSIONS TO BE AGREED UPON IN WRITING AT LEAST FIVE (5) BANKING DAYS PRIOR TO THE SUPPOSED
USD principal Page 7 of 48 EURO principal
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TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
EXCHANGE. THE EURP DESIRES TO EXCHANGE THE AMOUNT OF: USD 50 BILLION WITH ROLLS AND EXTENSIONS, UNTIL USD ARE
EXHAUSTED.
2. EXCHANGE RATE: THE EXCHANGE RATE IS AGREED AS THE OFFICIAL INTER-BANK EXCHANGE RATE AS OF THE DATE OF EXCHANGE.
THE DAY WHEN THE EURO FUNDS ARE DEPOSITED IN THE USD ACCOUNT FOR THE TRANSACTION IS CONSIDERED AS EXCHANGE DATE.
3.TRANCHE DELIVERY: TRANCHES ARE TO BE MADE ACCORDING TO THE TRANCHING DELIVERY SCHEDULE AS INDICATED IN ANNEX
“B” TO BE AGREED TO BY THE EURO AND USD PROVIDERS/SIGNATORIES AND BANKERS.
4. CODES OF IDENTIFICATION: THE PARTIES TO THIS CONTRACT AGREE THAT ALL DOCUMENTS RELATED TO THIS TRANSACTION
SHALL INDICATE THE CODES AS INDICATED HEREIN. AND, THE CODES SHALL NOT BE CHANGED DURING THE TERM OF THIS TRANSACTION
CONTRACT, INCLUDING ALL ROLLOVERS, RENEWALS, EXTENSIONS AND ALL ADDITIONS.
5. 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.
6. 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 OF THIS TRANSACTION.
7. CONTRACT TERM OF VALIDITY: ONCE THIS CONTRACT IS SIGNED BY BOTH PARTIES, THE BANK ACCOUNT OF THE USDP
OPENED IN THE EURP’S BANK AND THE FUNDS TRANSFERRED INTO THIS ACCOUNT, THE TRANSACTION SHALL BEGIN WITHIN THREE [3]
BANKING DAYS OR SOONER, EXCLUDING SATURDAYS AND SUNDAY AND ANY BANK HOLIDAYS.
SHOULD THIS TERM NOT BE CARRIED OUT, THEN, ONE OF THE PARTIES IS ON DEFAULT OF CONTRACT, AND THE PARTIES TO THIS CONTRACT
LEGAL RIGHTS SHALL BE PUT IN EFFECT, UNLESS BOTH PARTIES WILL REACH AN AGREEMENT, THAT HAS TO BE IN WRITING AND SIGNED BY BOTH
PARTIES WITH NOTIFICATION AND A COPY TO EACH FACILITATOR THAT INTRODUCED THE SIGNATORY PARTIES TO THIS CONTRACT. IN CASE OF NON-
PERFORMANCE/DEFAULT BY EITHER PARTY, THEN, THE PARTIES FACILITATORS TO THIS CONTRACT HAVE THE RIGHT TO TAKE LEGAL ACTION AGAINST
THE DEFAULTING PARTY IN AN AMOUNT EQUIVALENT TO TWO [2%] PERCENT OF THE TOTAL VALUE OF THE AGREED TO EXECUTE
TRANSACTION TO RECOVER CONSULTING FEES. AND, IF CONTRACT IS NOT CARRIED OUT BY THE PARTIES AFTER BOTH PARTIES SIGN CONTRACT,
THEN, THERE IS DEFAULT BY ONE OR BOTH PARTIES.
8. 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 TWO [2%] PERCENT 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 FACILITATORS THAT MADE THE INTRODUCTION OF THE SIGNATORIES
POSSIBLE, IF THE NON-DEFAULTING SIGNATORY TO THE CONTRACT FILES A DEFAULT CLAIM, IF NOT, THEN, THE TWO [2%] PERCENT SHALL BE
PAID TO THE FACILITATORS ONLY. THE FACILITATORS HAVE THE RIGHT TO MAKE A LEGAL CLAIM FOR SUCH AMOUNT OF ONE [1%] OR TWO
[2%] PERCENT AS IT APPLIES, OF THE TOTAL AMOUNT CONTRACTED, IN ANY COURT OF JURISDICTION AGAINST THE PARTY FAILING TO PERFORM.
THIS IS PAYABLE BY THE DEFAULTING PARTY TO THE AGGRIEVED PARTY IN THE EVENT OF NON-
PERFORMANCE OR COMMITMENT OF A BREACH OF THE RESPECTIVE TERMS OR CONDITIONS OF THIS
AGREEMENT.
TERMINATION OF THIS CONTRACT BY EITHER PARTY WOULD MAKE THE TERMINATING PARTY LIABLE TO
DAMAGES TO THE PERFORMING PARTY.
9. JURISDICTIONS, LAW & 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 INDIAN, U.S.A.,
BRITISH OR EUROPEAN UNION COUNTRY LAW SHALL BE THE APPLICABLE LAW, AS THE AGGRIEVED PARTY MAY CHOOSE, AND SHALL GOVERN THE
CONTRACTUAL AGREEMENT.
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TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
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.
THIS CONTRACT IS INTENDED TO BE PERFORMED IN ACCORDANCE WITH, AND ONLY TO THE EXTEND 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.
THE PARTIES MUST FOLLOW THE GUIDELINES PROVIDED BY THE RULES OF THE BANKS ON THE
ANTITERRORISM ACT AND THE U.S.A. PATRIOT ACT I AND II. THE USDP AND EURP WILL NOT
BE HELD RESPONSIBLE FOR ANY HARMFUL MONEY LAUNDERING.
CONFIDENTIAL INFORMATION FROM ONE PROVIDER TO THE OTHER: IN CONNECTION WITH THIS PRIVATE FOREIGN CURRENCY EXCHANGE
AGREEMENT (PFCEA) HEREUNDER, THE ONE (FIRST) PARTY WILL PROVIDE THE OTHER (SECOND) WITH THE SENSITIVE INFORMATION
CONCERNING THE DESIGNATED BANK(S) ORIGINATING IN WRITING BY THE FIRST PARTY AND IT IS DESIGNATED AS CONFIDENTIAL WHICH THE
SECOND PARTY HEREBY AGREES TO TREAT AS “CONFIDENTIAL” AND “PRIVATE AND SECRET” THE “CONFIDENTIAL INFORMATION” AND THAT THEY
WILL NOT DISCLOSE IT TO ANYONE. THE SECOND PARTY UNDERSTANDS AND AGREES THAT ANY CONFIDENTIAL INFORMATION DISCLOSED TO THEM
BY THE FIRST PARTY PURSUANT TO THIS AGREEMENT IS SECRET, PROPRIETARY AND OF GREAT VALUE TO THE FIRST PARTY WHICH VALUE MAY BE
THE SECOND PARTY FURTHER AGREES THAT, THEY WILL TAKE REASONABLE SECURITY MEASURES TO PRESERVE AND PROTECT THE SECRECY OF SUCH
“CONFIDENTIAL INFORMATION” AND WILL HOLD SUCH INFORMATION IN TRUST AND NOT TO DISCLOSE SUCH INFORMATION, EITHER DIRECTLY OR
INDIRECTLY TO ANY PERSON OR ENTITY DURING THE TERM OF THIS AGREEMENT OR ANY TIME FOLLOWING THE EXPIRATION OR TERMINATION
HEREOF; PROVIDED, HOWEVER, THAT THE SECOND PARTY MAY DISCLOSE THE “CONFIDENTIAL INFORMATION” TO AN ASSISTANT, AGENT OR
EMPLOYEE WHO HAS AGREED IN WRITING TO KEEP SUCH INFORMATION CONFIDENTIAL AND TO WHOM DISCLOSURE IS NECESSARY FOR THE
PROVIDING OF SERVICES UNDER THIS AGREEMENT. A SIGNED COPY OF SAID WRITTEN AGREEMENT IS TO BE PROVIDED TO THE SECOND PARTY FOR
THEIR RECORD.
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 US$ PROVIDER AND THE EURO PROVIDER WILL NOT BE HELD RESPONSIBLE FOR ANY HARMFUL MONEY LAUNDERING.
11.1. THE LATEST EDITION/SIGNATURE OF THIS AGREEMENT, EXECUTED BY BOTH PARTIES IN ORIGINALS,
REPRESENTS THE FULL UNDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES ALL OTHER UNDERTAKINGS,
WHETHER VERBAL OR WRITTEN. ALL STATEMENTS AND REPRESENTATIONS ARE MADE WITHOUT ANY OMISSION OF
MATERIAL FACT AND WITH FULL CORPORATE AND LEGAL RESPONSIBILITY UNDER PENALTY OF PERJURY.
11.2. THE PARTIES HERETO ACCEPT THAT SHOULD THE PRESENT AGREEMENT PARTIALLY OR IN FULL BE FOUND
INVALID OR UNENFORCEABLE PURSUANT TO JUDICIAL DECREE OR BY VIRTUE OF ANY INTERNATIONAL
REGULATIONS RELATED TO BANK CONFIRMATION OF USD/EURO VALIDITY, THIS AGREEMENT SHALL BE
RECONSTRUCTED UPON MUTUAL CONSENT AND AGREEMENT OF BOTH PARTIES TO THIS COMMERCIAL AGREEMENT.
11.3. UNTIL THE PHYSICAL EXCHANGE OF ORIGINAL HARD COPIES, THE ACKNOWLEDGED FAX COPIES OF THIS
AGREEMENT SHALL BE DEEMED ORIGINAL (ARTICLE 13).
11.4. THE COMMISSION PAYABLE UNDER THIS CONTRACT IS TO BE DISTRIBUTED IN ACCORDANCE WITH THE
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT AND RESPECTIVE PAY ORDERS.
USD principal Page 9 of 48 EURO principal
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12. AMENDMENTS OR SUPPLEMENTS
12.1. AMENDMENTS OR SUPPLEMENTS TO THIS AGREEMENT ARE VALID ONLY WHEN MADE IN WRITING AND DULY
SIGNED BY BOTH PARTIES.
12.2. NOTICES AND LANGUAGE: THE PARTIES HERETO AGREE THAT ANY NOTICE, DESIGNATION AND CONSENT BETWEEN THE PARTIES SHALL BE
IN WRITTEN FORM, AND ENGLISH SHALL BE THE LANGUAGE FOR ALL SUCH NOTICES, DESIGNATIONS, AND CONSENTS AND FOR ALL DOCUMENTS
AND TRANSACTION MATTERS BANK TO BANK. IF THE AGREEMENT IS TRANSLATED TO ANOTHER LANGUAGE, ONLY THE ENGLISH COPY TO BE THE
VALID DOCUMENT. ANY CHANGE OR AMENDMENT OR ADDITION TO THIS AGREEMENT MAY BE VALID ONLY BY AGREEMENT AND ORIGINAL SIGNATURE
OF BOTH PARTIES.
12.3. CONTRACT PROCEEDS: THE PARTIES TO THIS CONTRACT HEREBY WARRANT, PROMISE AND CONFIRM THAT ANY DISTRIBUTION OR
PROCEEDS DERIVED FROM THIS CONTRACT WILL NOT BE USED FOR ANY ILLEGAL ACTIVITY OR ACT, MILITARY, CRIMINAL OR TERRORIST ACTIVITY.
12.4. FORMAL NOTICE OF THE ASSIGNMENT SHALL BE RENDERED TO THE EURO-P / USD-P; EXPRESSLY INDICATING THERE ON THE
ASSIGNEES’ FULL CONTACT PARTICULARS.
12.5. CONTRACT MODIFICATION: ANY AMENDMENT, ALTERATION OR MODIFICATION OF ANY PART OF THIS DOCUMENT SHALL HAVE NO
VALIDITY, EFFECT NOR FORCE UNLESS AND UNTIL IT IS IN WRITING AND SIGNED WITH ORIGINAL SIGNATURE [ELECTRONIC SIGNATURE NOT
ACCEPTED] IN AGREEMENT BY ALL PARTIES SIGNATORIES TO THIS CONTRACT.
12.6. LEGAL AUTHORIZATION: BOTH PARTIES CONFIRM THAT EACH OF THEM IS FULLY EMPOWERED, LEGALLY
QUALIFIED AND DULY AUTHORIZED BY RESOLUTION OF THEIR RESPECTIVE MANAGERIAL BODIES TO INSTRUCT
THEIR RESPECTIVE BANKS AND TO EXECUTE AND DELIVER THIS AGREEMENT, AS WELL AS TO BE BOUND BY ITS
TERMS AND CONDITIONS.
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.
THE PARTIES HERETO SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THE “FORCE MAJEURE”
PROVISIONS OF THE ICC, PARIS.
CURRENCY EXCHANGE UNDER THIS CONTRACT SHALL ONLY TAKE PLACE ONLY ON, AND DURING, COMPLIANCE OF
THE EURO PROVIDER AS WELL AS USD PROVIDER WITH THE REQUIREMENTS OF THE BANK DESIGNATED BY THE
BUYER FOR THE TRANSACTIONS.
IN CONNECTION WITH THIS PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT HEREUNDER, THE EURO PROVIDER WILL PROVIDE THE
USD PROVIDER WITH SENSITIVE INFORMATION CONCERNING THE DESIGNATED BANK(S). THE USD PROVIDER HEREBY AGREES TO TREAT
THE INFORMATION PROVIDED BY THE EURO-PROVIDER AS “CONFIDENTIAL” AND “PRIVATE AND SECRET” AND NOT TO DISCLOSE IT TO
ANYONE.
THE USD PROVIDER UNDERSTANDS AND AGREES THAT ANY CONFIDENTIAL INFORMATION DISCLOSED BY THE EURO PROVIDER PURSUANT
TO THIS AGREEMENT IS SECRET, PROPRIETARY AND OF GREAT VALUE TO THE EURO PROVIDER, WHICH VALUE MAY BE IMPAIRED IF THE SECRECY
OF SUCH INFORMATION IS NOT MAINTAINED.
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THE USD PROVIDER FURTHER AGREES THAT HE WILL TAKE REASONABLE SECURITY MEASURES TO PRESERVE AND PROTECT THE SECRECY OF SUCH
“CONFIDENTIAL INFORMATION” AND WILL HOLD SUCH INFORMATION IN TRUST AND NOT DISCLOSE SUCH INFORMATION, EITHER DIRECTLY OR
INDIRECTLY TO ANY PERSON OR ENTITY DURING THE TERM OF THISAGREEMENT OR ANY TIME FOLLOWING THE EXPIRATION OR TERMINATION
HEREOF; PROVIDED, HOWEVER, THAT THE
USD PROVIDER MAY DISCLOSE THE CONFIDENTIAL INFORMATION TO AN ASSISTANT, AGENT OR
EMPLOYEE WHO HAS AGREED IN WRITING TO KEEP SUCH INFORMATION CONFIDENTIAL AND TO WHOM DISCLOSURE IS NECESSARY FOR THE
PROVIDING OF SERVICES UNDER THIS AGREEMENT, A SIGNED COPY OF SAID WRITTEN AGREEMENT IS TO BE PROVIDED TO THE EUR-
PROVIDER FOR HIS RECORD.
BOTH PARTIES CONFIRM THAT EACH OF THEM IS FULLY EMPOWERED, LEGALLY QUALIFIED AND DULY AUTHORIZED
BY RESOLUTION OF THEIR RESPECTIVE MANAGERIAL BODIES TO INSTRUCT THEIR RESPECTIVE BANKS AND TO
EXECUTE AND DELIVER THIS AGREEMENT, AS WELL AS TO BE BOUND BY ITS TERMS AND CONDITIONS.
ASSIGNMENT: THE PARTIES MAY ASSIGN THIS PFCEA OR ITS TOTAL OR PARTIAL PERFORMANCE HEREOF TO ANY OTHER PARTY OR
INSTITUTION WHICH ASSUMES THE OBLIGATIONS OF THE USDP / EURP UNDER THE TERMS OF THE ASSIGNMENT AND AS AGREED BY THE
USDP OR EURP, AND WITHOUT THE APPROVAL OF THE OTHER PARTY.
FORMAL NOTICE OF THE ASSIGNMENT SHALL BE RENDERED TO THE EUROP / USDP, EXPRESSLY
INDICATING THEREON THE ASSIGNEE'S FULL CONTACT PARTICULARS.
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. COPIES OF
CONTRACT: NO COPIES OF THIS AGREEMENT ARE TO BE PROVIDED TO THIRD PARTIES, EXCEPT ONE COPY TO EACH PAYMASTER IN CHARGE OF
DISTRIBUTING COMMISSION TO THE PARTIES INVOLVED.
19. CONCLUSION:
BY THEIR EXECUTION BELOW THE PARTIES AGREE TO THE GENERAL TERMS AND CONDITIONS HEREIN AND WARRANT ONE TO THE OTHER THAT THIS
IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES.
THE TERMS OF THIS CONTRACT ARE BINDING UPON THE PARTIES AND THEIR RESPECTIVE PRINCIPALS, SUCCESSORS, ASSIGNS, AS THE 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 ADVICE, AND INITIALED ALL THE PAGES OF THIS CONTRACT AND, 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 ASSIGNEES.
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PASSPORT N°:
NATIONALITY:
PASSPORT N°:
NATIONALITY:
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE AGREED TO ALL THE TERMS AND CONDITIONS CONTAINED
HEREIN, INCLUDING THE FIVE (5) ADDENDUMS THAT FOLLOW THIS SIGNATURE PAGE, AS EVIDENCED BY THEIR
AUTHORIZED SIGNATURES BELOW.
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT 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 THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE DATE
DATE INDICATED BELOW BY THE SIGNATURE. INDICATED BELOW BY THE SIGNATURE.
________________ __________ __
SIGNATURE SEAL
SIGNATURE SEAL
TITLE: TITLE:
PASSPORT: PASSPORT:
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ANNEX “A”
2. EURO ACCOUNT:
BANK NAME :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT N° :
IBAN CODE :
SWIFT / BIC CODE :
BANK OFFICER :
TELEPHONE N°. :
FACSIMILE N° :
E-MAIL BANK :
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ANNEX “B”
TRANCHE 1: THE FIRST TRANCHE WILL BE USD 200.000.000.00 (USD TWO HUNDRED MILLION), THE SUBSEQUENT
TRANCHES WILL BE MUTUALLY AGREED BY BOTH PARTIES. THE FIRST TRANCHE SHOULD BE REALIZED BY THE SELLER ON_______,
2010
TRANCHE 2: THE SECOND TRANCHE WILL BE USD 00,000.000.00 (USD_____________ MILLION), THE SUBSEQUENT
TRANCHES WILL BE MUTUALLY AGREED BY BOTH PARTIES. THE SECOND TRANCHE SHOULD BE REALIZED BY THE SELLER
ON___________, 2010
THIS TRANCHE AMOUNT WILL CONTINUE UNTIL TOTAL CONTRACT IS COMPLETED. ADDITIONAL TRANCHES
WILL BE IN THE SAME AMOUNTS.
TWO DAYS PER WEEK WITH THE SAME AMOUNTS: TUESDAY AND WEDNESDAY.
THE SIZE OF THE TRANCHES ON THE EURO PROVIDER SIDE CAN BE INCREASED IN DUE COURSE BY
MUTUAL CONSULTATION OF BOTH BANK OFFICERS ACTING IN CONCERT WITH THE TWO PROVIDERS.
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ANNEX “C”
CLIENT INFORMATION SUMMARY
In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal
Banking Commission Circular of December 1998, concerning the prevention of money laundering, and
Article 305 of the Swiss Criminal Code, the following information may be supplied to banks and/or other
financial institutions for the purpose of verification of identity and activities of the Principal, and the nature
and origin of the funds that are to be utilized. All parties have an obligation for professional discretion and
to take all appropriate precautions to protect the confidentiality of the information each holds in respect of
the others’ activities. This legal obligation shall remain in full force and effect at all times.
1 EURO PROVIDER Mr or Ms
.2 Nationality:
(Signatory):
.3 Passport Number:
.4 Date Of Issue:
.5 Date Of Expiration:
. Date Of Birth:
6
.7 Place Of Birth:
.8 SSN/Identity No.:
.9 Contact Address:
.1 Contact Telephone No.:
0 Add. Telephone No.:
1
1
1 Mobile Telephone No.:
2
1 Facsimile No.:
3
1 E-Mail Address:
4
1 Occupation:
5 Business Name:
1
6
1 Business Address:
7
1 Business Telephone:
8
1 Business Facsimile:
9
2 Address For Mail:
0 Address For Courier:
2
1
2 Legal Counsel Name:
2
2 Legal Firm Address:
2 3 Legal Telephone No.:
4 2 MY BANK IS LISTED IN YES (IF NO, YOU MUST PREPARE A CLOSING BANK, WITH ALL
5 THE INTERNATIONAL DETAILS RECEIVED FROM YOUR BANKER SENT TO THE PROVIDER)
.
2 BANKERS ALMANAC
ALL MY CLOSING BANK
YES
6 OFFICERS AWARE OF
2. THIS TRANSACTION
General Information Proposed amount of funds available for placement or purchase. :
7.
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31. If less than three years, please provide previous banking information and describe the form
in
32. Which assets were deposited and/or transferred, or provide documentation how proposed
funds were generated/earned
34. Does applicant signatory have sole, full discretion to invest funds upon satisfactory terms?
35. Does applicant signatory have discretionary power to transfer, reserve and/or block said
funds? If not:
37. Has applicant placed or tried to place said funds elsewhere? If yes, where, when and with
whom?
38. Has a Cease and Desist been issued? If yes, when and to whom? Please attach copy (ies) of
all :
40. Are the proposed placement funds free and clear with no liens and encumbrances?
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ACKNOWLEDGEMENT: I hereby swear under the full penalty of perjury, that the information
provided herein is both true and accurate. I am in control of the assets stated above, and
have signatory authority on the aforementioned bank account and have full authority to
execute all contracts and agreements relating to pleading the assets for a loan. The funds
are in full compliance with the anti-money laundering policies set forth by the Financial
Action Task Force (FATF) 6/01.
I hereby swear and attest under penalty of perjury that the statements and information provided in this
document, the Applicant Profile and Attestation, four pages in all, dated_______________, are true and
correct to the best of my knowledge and belief.
Company :
Title :
ANNEX “D”
Date:
To:
I understand that the maximum permissible contract amount is 50 BILLIONS USD with
possible E/R (extensions/rolls). I further understand that I must demonstrate a
minimum Proof of Funds (POF) capability of 50M Euros and that I can do this with a
tear sheet signed either by two bank officers or upon request via an BCL/POF - FAX. I
hereby state that I will provide my POF via ……….BANK.
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I hereby agree to keep all information received strictly confidential and will not
disclose it to any third party.
I hereby declare that I am fully aware that the information received from you is in
direct response to my request and it is not in any way considered or intended to be a
solicitation of funds of any sort, or any type of offering and is intended for our general
knowledge only. I hereby affirm, under penalty of perjury, that you have not solicited
me in any way.
Signature:
DATE:
Name:
Passport No.:
Country of Issue:
ANNEX “E”
Warning: Once signed by the Euro Provider, any modification in this Irrevocable
Master Fee Protection Agreement (IMFPA) and Bank-Endorsed Pay Order requires all
persons and companies hereby listed to be informed. The modification shall be subject
of an amendment to this Agreement and shall require the written agreement of all
persons and companies hereby listed.
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TO BE SIGNED BY EURO PRINCIPAL, TO THE BENEFICIARIES OF THIS FEE AGREEMENT (TO THE
BENEFICIARIES OF THIS PROFIT AGREEMENT: DISCOUNT – 15%/10%)
USD PRINCIPAL SIDE: 2,5 % (PAID BY THE EURO PRINCIPAL) (CLOSED)
EUR PRINCIPAL SIDE: 2,5 % (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, __________________, 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% (FIVE PERCENT) IN US DOLLARS OR EQUIVALENT 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.
This Agreement is an Irrevocable Master Fee Protection Agreement (IMFPA) and Bank-Endorsed
Pay Order under the Private Foreign Currency Exchange Agreement (PFCEA):
THE PAYER OF THE AGREED COMMISSION AND CONSULTANCY FEES IS: EURO
PROVIDER
DATE: 00/00/2010
NAME:
Title: EURO PROVIDER
Passport No.:
Country of Issue:
(In this Agreement referred to as Euro Provider or EUR-P)
SUMMARY OF TERMS
Contract total amount: US$ 50,000,000,000.00 (Fifty Billion EUROS €) with rolls &
extensions
First tranche: Equivalent amount of euro € 50,000,000.00 (Fifty Million
USD principal Page 19 of 48 EURO principal
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EUROS)
Subsequent tranches: Per tranche schedule as agreed in Annex “B”
Transaction mode:
Bonus Gross 15% (Fifteen percent) / Net 10% (Ten percent) to the
Euro Provider
Commission & Consultancy 5% (Five percent) to be split following the below agreed set-up
Fees:
US$ Provider Commission: 2.5% TO USDP GROUP (OF THE CONTRACT TOTAL AMOUNT)
(CLOSED)
2.5% TO EURO-P GROUP (OF THE CONTRACT TOTAL
AMOUNT)
Payment mode: from Euro Provider’s Bank unconditionally to designated
Paymasters
IN THE ABOVE MENTIONED TRANSACTION AND IN ANY AND ALL TRANSACTIONS BETWEEN THE
REFERENCED PRINCIPALS, INVOLVING ANY FOREX PRIVATE FOREIGN CURRENCY EXCHANGE, THE
FOLLOWING WILL SET OUT THE PROTECTION OF FEES SHOULD THE CONTRACT BE EXECUTED
AND CONSUMMATED UNDER THE TERMS AND CONDITIONS MUTUALLY AGREED UPON BY THE
REFERENCED PRINCIPALS.
I THE EURO PROVIDER PAYING ALL COMMISSION AND CONSULTANCY FEES OUTLINED HEREIN,
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 COMMISSION AND CONSULTANCY FEES AMOUNT
OF 10% (TEN PERCENT) in United States Dollars US$ 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 PROVIDER’S SIDE involved in
this transaction and, the disbursement of THE COMMISSION AND THE consulting fees 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 payer/Guarantor of the
COMMISSION AND THE consulting fees 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 herewith irrevocably agree that this payment ORDER is irrevocable,
unconditional, confirmed and not retractable and that all payments shall be made immediately
by cash swift wire transfer in United States Dollars US$) per tranche transacted of principal sums
upon closing of each and every tranche without protests, delays and deductions to the hereafter
listed beneficiaries. 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.
WE, the undersigned herewith irrevocably agree to place this irrevocable master fee protection
agreement (IMFPA) with in full force with our bank, coordinates of which are listed herewith for
the purpose of payment to the herein mentioned beneficiaries.
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By the euro provider: 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 Agreement. Signed and sealed on the date indicated below by
the signature:
Signature: __________________
DATE:
NAME:
TITLE:
PASSPORT NO:
COUNTRY OF ISSUE:
BANK-ENDORSED PAY ORDER
We hereby acknowledge and confirm THAT this agreement (IMFPA) AND pay order
document is lodged in our bank and THAT the COMMISSION AND CONSULTANCY fees
are to be paid as per instructions upon commencement of this transaction.
OUR BANK OFFICER SHALL ENDORSE THIS PAY ORDER UPON COMMENCEMENT OF THE
TRANSACTION AND A COPY OF THIS BANK ENDORSED AGREEMENT AND PAY ORDER
SHALL BE SENT TO EACH PAYMASTERS HEREBY LISTED.
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME: EURO PROVIDER
ACCOUNT NUMBER:
SWIFT CODE:
BANK OFFICER:
TELEPHONE NUMBER:
FACSIMILE NUMBER:
CHIPS UID:
SWIFT :
FED WIRE:
WE, THE UNDERSIGNED HEREWITH IRREVOCABLY AGREE THAT THE LISTED BENEFICIARIES IN THIS AGREEMENT DO NOT ASSUME ANY RESPONSIBILITY
FOR THE ABOVE NAMED TRANSACTION AND THAT THEY CANNOT BE HELD LIABLE FOR ANY REASON WHATSOEVER, EXCEPT FOR THE NON-CIRCUMVENTION
AND NON-DISCLOSURE (N.C.N.D.) VIOLATION. WE, THE UNDERSIGNED HEREWITH IRREVOCABLY AGREE THAT ALL RULES AND REGULATIONS OF
I.C.C. 400/500/600 REGARDING CONFIDENTIALITY, NON-CIRCUMVENTION AND NON-DISCLOSURE APPLIES TO ALL PARTIES OF THE AGREEMENT AND
THE SAID RULES AND REGULATIONS SHALL REMAIN IN FULL FORCE FOR A PERIOD OF 5 (FIVE) YEARS FROM THE DATE OF THIS AGREEMENT, WITH
WE, THE UNDERSIGNED HEREWITH IRREVOCABLY AGREE THAT I.C.C. RULES AND REGULATIONS SHALL GOVERN THIS AGREEMENT AND THAT ALL
ENTITLEMENTS UNDER THIS PAY-ORDER SHALL INCLUDE THE ENTIRE TRANSACTION NAMES HEREIN AND ANY FURTHER EXTENSIONS, ROLLOVERS OR
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
NEGOTIATED TRANSACTIONS LEADING TO NEW CONTRACTS UNDER NEW TRANSACTION CODES BETWEEN BUYER/BUYER’S MANDATE AND SELLER/SELLER’S
MANDATE.
WE, THE UNDERSIGNED HEREWITH IRREVOCABLY AGREE THAT THIS AGREEMENT AND PAY ORDER IS UNCONDITIONAL,
ASSIGNABLE AND DIVISIBLE TO BENEFICIARIES, HEIRS AND ASSIGNEES UPON WRITTEN NOTICES TO ALL
PARTIES CONCERNED.
WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) HEREWITH IRREVOCABLY AGREE:
A.THAT OUR BANK SHALL PROVIDE THE BENEFICIARIES BY FAX OR EMAIL, ALL PAYMENT INSTRUCTIONS AND DOCUMENTATION
B. THAT ALL BENEFICIARIES SHALL HAVE A LINE ON THE CURRENCIES THAT ARE SUBJECT OF THE REFERENCED TRANSACTION
IN THE EVENT THAT ANY OR ALL DUE PAYMENTS HAVE NOT BEEN MADE.
C. THAT UNDER NO CIRCUMSTANCE WHATSOEVER, THIS IRREVOCABLE MASTER FEE PROTECTION AGREEMENT AND PAYMENT
ORDER SHALL BE WITHDRAWN OR INSTRUCTIONS GIVEN TO THE PAYING BANK TO DISHONOR ANY PAYMENT DEMAND BY ANY
BENEFICIARY LISTED IN THIS AGREEMENT WHICH IS DUE TO THE BENEFICIARY UNDER THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
D. THAT ALL BENEFICIARIES LISTED IN THIS AGREEMENT ARE THIRD PARTY BENEFICIARIES TO THE UNDERLYING PRIVATE
E.. THAT THE COMMISSION AND CONSULTANCY FEES STATED ARE COMPENSATION FOR SERVICES
RENDERED AND ARE IRREVOCABLE, IRRETRIEVABLE AND UNCONDITIONALLY GUARANTEED TO BE PAID
SIMULTANEOUSLY ON THE SAME DAY OF THE TRANCHE FOR EACH AND EVERY TRANCHE OF THE BANK
INSTRUMENT REFERRED TO IN THIS CONTRACT. THE FEES WILL BE FREE OF LEGAL IMPEDIMENT AND FREE
OF ANY DEDUCTIONS EXCLUDING ROUTINE BANKING DELAYS.
F. THAT ANY ATTEMPTS TO CIRCUMVENT, BYPASS, ALTER OR CHANGE THIS AGREEMENT (OR THE SPIRIT OF
THIS AGREEMENT) BY CHANGING OR CAUSING TO BE CHANGED OR HAVING KNOWLEDGE OF ANY
CHANGES TO THE TRANSACTION NUMBERS IN THIS AGREEMENT TO WILFULLY AND KNOWINGLY AVOID
PAYING THE FEES OWED TO THE PERSONS LISTED BELOW, ANY ONE (OR ALL) OF THE PERSONS LISTED IN
THIS AGREEMENT HAS THE FULL RIGHTS TO CONTACT THE SELLER AND THE US-FED WITH A BREACH OF
CONTRACT, CEASE & DESIST ORDER AND ANY FURTHER BUYS WILL BE HALTED.
IF ANY OF THE EVENTS IN THE ABOVE PARAGRAPH OCCUR, WE, THE UNDERSIGNED HEREWITH UNDERSTAND AND
AGREE THAT WE WILL BE EXCLUDED FROM CONDUCTING BUSINESS WITH THIS SELLER AT ANY TIME IN
THE FUTURE.
WE, THE UNDERSIGNED HEREWITH AGREE TO PAY RESTITUTION TO THE ALL BENEFICIARIES LISTED IN THIS
AGREEMENT THE FULL AMOUNT THAT WOULD HAVE BEEN PAID IF AN AVOIDANCE OF PAYMENT,
CIRCUMVENTION, ALTERATION, OR CHANGE OF THE TRANSACTION (OR CODE) NUMBER(S) HAD NOT
OCCURRED.
WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) RESERVES THE RIGHT TO CHANGE BANKS AT ANY
STAGE DURING ANY GIVEN TRANSACTION, BUT SUCH CHANGE WILL HAVE NO BEARING ON THE CONTENT
OF THIS AGREEMENT.
USD principal Page 22 of 48 EURO principal
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
SHOULD WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) CHANGE BANKS, THIS AGREEMENT WILL BE
LODGED WITH THE NEW BANK IMMEDIATELY AND BEFORE OR SIMULTANEOUSLY WITH THE FIRST
TRANSACTION DONE WITH THE NEW BANK AND THE BENEFICIARIES LISTED HEREIN SHALL BE NOTIFIED.
SHOULD WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) NOT DO SO, WE, THE UNDERSIGNED AS THE PAYER
(EURO PROVIDER) FURTHER AUTHORIZES ANY BENEFICIARY LISTED HEREIN TO LODGE THIS IRREVOCABLE
MASTER FEE PROTECTION AGREEMENT (IMFPA) WITH OUR NEW BANK AND SUCH LODGING SHALL CARRY
THE SAME FORCE AND EFFECT AS IF WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) HAD DONE SO
HIMSELF.
WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) WAIVE ALL DEFENSES.
ALL PARTIES AGREE NOT TO CIRCUMVENT, AVOID, BYPASS OR OBVIATE EACH OTHER DIRECTLY OR
INDIRECTLY TO AVOID PAYMENT OF COMMISSIONS OR FEES IN ANY TRANSACTION PENDING, OR IN THE
FUTURE, FOR AS LONG AS A CONTRACT SHALL REMAIN IN FORCE BETWEEN TWO PRINCIPALS, OR, FOR A
PERIOD OF 5 (FIVE) YEARS FROM THE DATE OF EXECUTION OF THIS AGREEMENT SHOULD NO CONTRACT
RESULT. AT NO TIME SHALL EITHER PARTY DISCLOSE OR OTHERWISE REVEAL TO ANY THIRD PARTY ANY
CONFIDENTIAL INFORMATION, CODE OR REFERENCE AND OR ANY SUCH INFORMATION ADVISED TO THE
OTHER PARTY AS BEING CONFIDENTIAL OR PRIVILEGED WITHOUT THE FORMAL WRITTEN PERMISSION OF
THE OTHER PARTY.
WE, THE UNDERSIGNED AS THE PAYER (EURO PROVIDER) AGREES THAT THE METHOD OF PAYMENT OF ALL FEES
WILL BE SWIFT WIRE OR DIRECT WIRE TRANSFER OF FUNDS, ON THE SAME DATE OF EACH TRANCHE
COMPLETION, TO BE ACCOMPANIED BY A CERTIFICATE OF GOOD, CLEAN, CLEARED, NON-CRIMINAL ORIGIN
OF FUNDS IN UNITED STATES DOLLARS (US$).
ONCE THE CONTRACTUAL DOCUMENTS COVERING THE UNDERLYING PFCEA OR OTHERS ARE EXECUTED BY
BOTH THE EURO PROVIDER AND THE USD PROVIDER AND ATTENDANT FUNDS DOCUMENTS ARE VERIFIED
BY THE PARTIES’ BANKS,
THIS IRREVOCABLE MASTER FEE PROTECTION AGREEMENT SHALL BE EXCHANGED FOR AN OFFICIAL ONCE
ENDORSED BY THE EURO PROVIDER’S BANK PAY ORDER (BPO) AND SHALL BECOME DUE AND PAYABLE AS
AN INDEPENDENT /STAND ALONE AGREEMENT SEPARATE AND DISTINCT FROM THE UNDERLYING PFCEA
AND RELATED CONTRACT DOCUMENTATION.
FURTHER, THE LATEST ADDITION OF ALL REGULATORY RULES AND PROVISIONS FOR NON-CIRCUMVENTION
AND NON-DISCLOSURE OF THE INTERNATIONAL CHAMBER OF COMMERCE ARE HEREBY INCORPORATED IN
THIS AGREEMENT. AND THEY ARE IN FULL FORCE AND EFFECT FOR THE PERIOD OF FIVE (5) YEARS FROM
THE DATE OF SIGNING OF THIS IMFPA.
THIS IMFPA IS SUBJECT TO UNIFORM CUSTOMS AND PRACTICE FOR INTERNATIONAL PAYMENTS (LATEST
REVISION) PUBLICATIONS OF THE INTERNATIONAL CHAMBER OF COMMERCE, PARIS. IF THE PFCEA
BETWEEN THE EURO PROVIDER AND THE USD PROVIDER IS NOT SIGNED, OR THE PFCEA IS NOT
CONSUMMATED, THEN THIS IMFPA BECOMES NULL AND VOID. A TELEFAX COPY OF THIS FPA IS TO BE
CONSIDERED AS AN ORIGINAL BINDING DOCUMENT.
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
DISBURSEMENT OF COMMISSION AND CONSULTANCY FEES
TOTAL AMOUNT OF 10.0% (TEN POINT ZERO PERCENT) OF THE CONTRACT TOTAL VALUE (INCLUDING ALL
ROLLS AND EXTENSIONS) TO BE PAID IN UNITED STATES DOLLARS (US$) AND TO BE SHARED AS FOLLOWS
BETWEEN THE BELOW NAMED BENEFICIARIES.
COMMISSIONS: 2.5%, (TWO AND A HALF PERCENT), OF THE TOTAL CONTRACT AMOUNT
(CLOSED)
This amount is payable to the designated Paymaster Bank Account, upon the closing
of each and every tranche for the duration of the contract and including all rolls and
extensions
COMMISSION FEE 2,5.% OF TOTAL CONTRACT VALUE (TCV)
PAYMASTER
Beneficiary Name
Paymaster passport
Bank Name
Bank Address
Account Name
Account Number
SWIFT Code
IBAN No.
Bank Officer
Bank
Telephone/Fax
Paymaster Phone
Special Instructions All Wire transfers shall incorporate below Text Message and Sending Bank to
SWIFT MT103 PRE-ADVICE REQUIRED WITH COPY EMAILED TO ..... for legal
verification and documentation pursuant to Patriot Act/Banking regulations with
One Original Contract copy to be filed with Bank.
Required Message Text Message: The S.W.I.F.T. or Clear stream text message covering all
remittances shall clearly state the following: "CLEAN, CLEARED, LIEN FREE AND
UNENCUMBERED FUNDS EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS -
TRANSACTION CODE: “[ ]" FOR SAME DAY TRANSFER
AND IMMEDIATE CREDIT - THE REMITTER IS KNOWN TO US AND WE ARE SATISFIED
AS TO THE SOURCE OF THE FUNDS SENT TO US - THIS IS DONE WITH FULL
BANKING RESPONSIBILITY.”
SUB IMPFA: COMISSION, NAME, Nº PASSPORT
Special Instruction : EACH TIME SAME DAY TRANSFER AND IMMEDIATE CREDIT
Required Message : The Remitter is known to us. This is done with Full Banking Responsibility
and we are satisfied
as to the Source of Funds sent.
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
COMMISSIONS: 2,5% (FIVE PERCENT), OF THE TOTAL CONTRACT AMOUNT
B1) EURO FACILITATOR: …% OF 2.5% OF THE TOTAL CONTRACT VALUE OF MTN INCLUDING
TRANCHES ROLLS AND EXTENSIONS AND OF EACH AND EVERY TRANCHE PAID BY THE EURO
PROVIDER
COMMISSION FEE …….% OF TOTAL CONTRACT VALUE (TCV)
PAYMASTER
Beneficiary Name
Paymaster passport
Bank Name
Bank Address
Account Name
Account Number
SWIFT Code
IBAN No.
Bank Officer
Bank Telephone/Fax
Paymaster Phone
Special Instructions All Wire transfers shall incorporate below Text Message and Sending Bank to
SWIFT MT103 PRE-ADVICE REQUIRED WITH COPY EMAILED TO.... for legal
verification and documentation pursuant to Patriot Act/Banking regulations with
One Original Contract copy to be filed with Bank.
Required Message Text Message: The S.W.I.F.T. or Clear stream text message covering all
remittances shall clearly state the following: "CLEAN, CLEARED, LIEN FREE AND
UNENCUMBERED FUNDS EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS -
TRANSACTION CODE: “[ ]" FOR SAME DAY TRANSFER
AND IMMEDIATE CREDIT - THE REMITTER IS KNOWN TO US AND WE ARE
SATISFIED AS TO THE SOURCE OF THE FUNDS SENT TO US - THIS IS DONE WITH
FULL BANKING RESPONSIBILITY.”
SUB IMPFA: COMISSION, NAME, Nº PASSPORT
Special Instruction : EACH TIME SAME DAY TRANSFER AND IMMEDIATE CREDIT
Required Message : The Remitter is known to us. This is done with Full Banking Responsibility
and we are satisfied
as to the Source of Funds sent.
B2) EURO FACILITATOR: …% OF 2.5% OF THE TOTAL CONTRACT VALUE OF MTN INCLUDING
TRANCHES ROLLS AND EXTENSIONS AND OF EACH AND EVERY TRANCHE PAID BY THE EURO
PROVIDER
COMMISSION FEE ….. OF TOTAL CONTRACT VALUE (TCV)
PAYMASTER
Beneficiary Name
Paymaster passport
Bank Name
Bank Address
Account Name
Account Number
SWIFT Code
IBAN No.
Bank Officer
Bank Telephone/Fax
Paymaster Phone
USD principal Page 25 of 48 EURO principal
OZT © 2010
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
Special Instructions All Wire transfers shall incorporate below Text Message and Sending Bank to
SWIFT MT103 PRE-ADVICE REQUIRED WITH COPY EMAILED TO ....for legal
verification and documentation pursuant to Patriot Act/Banking regulations with
One Original Contract copy to be filed with Bank.
Required Message Text Message: The S.W.I.F.T. or Clear stream text message covering all
remittances shall clearly state the following: "CLEAN, CLEARED, LIEN FREE AND
UNENCUMBERED FUNDS EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS -
TRANSACTION CODE: “[ ]" FOR SAME DAY TRANSFER
AND IMMEDIATE CREDIT - THE REMITTER IS KNOWN TO US AND WE ARE
SATISFIED AS TO THE SOURCE OF THE FUNDS SENT TO US - THIS IS DONE WITH
FULL BANKING RESPONSIBILITY.”
SUB IMPFA: COMISSION, NAME, Nº PASSPORT
Special Instruction : EACH TIME SAME DAY TRANSFER AND IMMEDIATE CREDIT
Required Message : The Remitter is known to us. This is done with Full Banking Responsibility
and we are satisfied
as to the Source of Funds sent.
B3) EURO FACILITATOR: …% OF 2.5% OF THE TOTAL CONTRACT VALUE OF MTN INCLUDING
TRANCHES ROLLS AND EXTENSIONS AND OF EACH AND EVERY TRANCHE PAID BY THE EURO
PROVIDER
COMMISSION FEE ….. OF TOTAL CONTRACT VALUE (TCV)
PAYMASTER
Beneficiary Name
Paymaster passport
Bank Name
Bank Address
Account Name
Account Number
SWIFT Code
IBAN No.
Bank Officer
Bank Telephone/Fax
Paymaster Phone
Special Instructions All Wire transfers shall incorporate below Text Message and Sending Bank to
SWIFT MT103 PRE-ADVICE REQUIRED WITH COPY EMAILED TO... for legal
verification and documentation pursuant to Patriot Act/Banking regulations with
One Original Contract copy to be filed with Bank.
Required Message Text Message: The S.W.I.F.T. or Clear stream text message covering all
remittances shall clearly state the following: "CLEAN, CLEARED, LIEN FREE AND
UNENCUMBERED FUNDS EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS -
TRANSACTION CODE: “[ ]" FOR SAME DAY TRANSFER
AND IMMEDIATE CREDIT - THE REMITTER IS KNOWN TO US AND WE ARE
SATISFIED AS TO THE SOURCE OF THE FUNDS SENT TO US - THIS IS DONE WITH
FULL BANKING RESPONSIBILITY.”
SUB IMPFA: COMISSION, NAME, Nº PASSPORT
Special Instruction : EACH TIME SAME DAY TRANSFER AND IMMEDIATE CREDIT
Required Message : The Remitter is known to us. This is done with Full Banking Responsibility
and we are satisfied
as to the Source of Funds sent.
B4) EURO FACILITATOR: …% OF 2.5% OF THE TOTAL CONTRACT VALUE OF MTN INCLUDING
TRANCHES ROLLS AND EXTENSIONS AND OF EACH AND EVERY TRANCHE PAID BY THE EURO
PROVIDER
OZT © 2010
(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
COMMISSION FEE ….. OF TOTAL CONTRACT VALUE (TCV)
PAYMASTER
Beneficiary Name
Paymaster passport
Bank Name
Bank Address
Account Name
Account Number
SWIFT Code
IBAN No.
Bank Officer
Bank Telephone/Fax
Paymaster Phone
Special Instructions All Wire transfers shall incorporate below Text Message and Sending Bank to
SWIFT MT103 PRE-ADVICE REQUIRED WITH COPY EMAILED TO ....for legal
verification and documentation pursuant to Patriot Act/Banking regulations with
One Original Contract copy to be filed with Bank.
Required Message Text Message: The S.W.I.F.T. or Clear stream text message covering all
remittances shall clearly state the following: "CLEAN, CLEARED, LIEN FREE AND
UNENCUMBERED FUNDS EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS -
TRANSACTION CODE: “[ ]" FOR SAME DAY TRANSFER
AND IMMEDIATE CREDIT - THE REMITTER IS KNOWN TO US AND WE ARE
SATISFIED AS TO THE SOURCE OF THE FUNDS SENT TO US - THIS IS DONE WITH
FULL BANKING RESPONSIBILITY.”
SUB IMPFA: COMISSION, NAME, Nº PASSPORT
Special Instruction : EACH TIME SAME DAY TRANSFER AND IMMEDIATE CREDIT
Required Message : The Remitter is known to us. This is done with Full Banking Responsibility
and we are satisfied
as to the Source of Funds sent.
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:
IN WITNESS WHEREOF, THE UNDERSIGNED HAS EXECUTED THIS AGREEMENT ON THIS DATE:
Signature:
DATE:
USD principal Page 27 of 48 EURO principal
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
Name:
Title: EURO PROVIDER
Passport No.:
Country of Issue:
“Accepted and agreed without change (Electronic signature is valid and accepted as hand signature)”
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.
ATTACHMENTS:
BANK ENDORSEMENT
THIS IS TO CERTIFY THAT THE ABOVE IRREVOCABLE PAYMENT ORDER HAS BEEN LODGED WITH US
AND WILL BE EXECUTED IN ACCORDANCE WITH THE INSTRUCTIONS STIPULATED IN THIS DOCUMENT.
_______________________________
BANK OFFICER 1 SIGNATURE
BANK OFFICE NAME:
TITLE:
PIN NUMBER:
BANK NAME:
BANK ADDRESS:
BANK TEL:
TODAY’S DATE:
[SEAL]
________________________
USD principal Page 28 of 48 EURO principal
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
BANK OFFICER 2 SIGNATURE
BANK OFFICE NAME:
TITLE:
PIN NUMBER:
BANK NAME:
BANK ADDRESS:
BANK TEL:
TODAY’S DATE:
[SEAL]
NOTARY PUBLIC
BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSOALLY APPEARED THE FOLLOWING: TO ME
KNOWN TO BE THE INDIVIDUALS DESCRIBED HEREIN AND WHO EXECUTED THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THEIR FREE ACT AND DEED.
MY COMMISSION EXPIRES:
__________________________
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
OZT © 2010
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
ATTACHED –A
I, ............................................ , THE AFFIANT TO THIS AFFIDAVIT AS THE SIGNATORY BEING OF LAWFUL AGE,
HEREBY SOLEMNLY SWEAR AND TESTIFY UNDER OATH AND MAKE THIS AFFIDAVIT UNDER THE PENALTY OF PERJURY
AS FOLLOWS:
1. THE AFFIANT MAKES THE AFFIDAVIT KNOWING THAT THE RECIPIENT HEREOF WILL RELY ON ALL
REPRESENTATION MADE HEREIN AND THAT THE AFFIANT WILL BE LIABLE FOR CLAIMS RESULTING FROM ANY
MISREPRESENTATION OF ANY MATERIAL FACT, AND
2. THE AFFICANT CONFIRMS, THE AFFIANT’S COMPANY IS THE CURRENT LAWFUL OWNER OF THE ASSETS THAT ARE
THE SUBJECT OF THIS AFFIDAVIT
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
3. THAT THE AFFIANT STATES THAT SAID ASSETS WERE LAWFULLY OBTAINED AND CONSIST OF CLEAN, CLEARED
FUNDS OF NONCIRMINAL ORIGIN, AND
4. THAT THE AFFIANT FURTHER STATES THAT AFFIANT HAS FULL AND COMPLETE LEGAL TITLE AND AUTHORITY, AND
5. THAT THE AFFIANT STATES THAT THERE ARE NO TAXES, LEVIES, DUTIES, CHARGES, LIENS, CONTRACTURAL
OBLIGATION OR ENCUMBRANCE OF KIND SECURED BY OR AGAINST SAID ASSETS, AND
6. THE AFFIANT CONFIRMS THAT THE SAID ASSETS ARE AUTHENTIC AND VERIFIABLE AND NO SIGNIFICANT FACTS
EXIST WHICH HAVE LED TO OR COULD LEAD TO NON-VALIDATION OF SAID ASSETS, AND
7. THAT THE AFFIANT HEREBY AUTHORIZED THE TRANSACTION BANK CONSULTANT TO CONFIRM AND VERIFY SAID
ASSETS, THAT THE AFFIANT MAKES SAID ASSETS EXCLUSIVELY AVAILABLE AND NO OTHER ENTITIES FOR
GENERATION OF A FIRM CONTRACT OF SUBMISSION OF ALL REQUIRED ORIGINAL AND/OR
8. THE TRANSACTION REQUIRED, AND AFTER SIGNING AGREEMENTS THE AFFIANT WILL MAKE SAID ASSETS
EXCLUSIVELY AVAILABLE FOR A MUTUALLY AGREED TERM TO COMPLETE THE TRANSACTION REFERRED ABOVE AND
ALL MUTUALLY AGREED ROLLS AND EXTENSIONS OF IT, AND THE AFFIANT DECLARES ALL FORMS (FACSIMILES,
ETC.) OF THE TRANSACTION DOCUMENTS ARE EQUAL TO THE ORIGINALS.
PASSPORT NUMBER:
COUNTRY OF ISSUE :
PROFIT PROVIDER COMPANY NAME, REGISTRATION N°, REGI STERED STATE/NATION, ADDRESS
ATTACHED –B
DATE:
NAME:
NAME OF FATHER:
NAME OF MOTHER:
SISTERS:
BROTHERS:
DATE OF BIRTH:
PLACE OF BIRTH:
NATIONALITY:
PASSPORT NO:
MARITAL STATUS:
NO. OF CHILDREN:
DAUGHTERS:
USD principal Page 32 of 48 EURO principal
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
SON:
QUALIFICATION:
PROFESSION:
SIGNATURE:
ATTACHED –C
In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal
Banking Commission Circular of December 1998, concerning the prevention of money laundering, and
Article 305 of the Swiss Criminal Code, the following information may be supplied to banks and/or other
financial institutions for the purpose of verification of identity and activities of the Principal, and the nature
and origin of the funds that are to be utilized. All parties have an obligation for professional discretion and
to take all appropriate precautions to protect the confidentiality of the information each holds in respect of
the others’ activities. This legal obligation shall remain in full force and effect at all times.
1. a EURO PROVIDER Mr or Ms
)2 Nationality:
(Signatory):
.3 Passport Number:
. Date Of Issue:
4
.5 Date Of Expiration:
.6 Date Of Birth:
.7 Place Of Birth:
.8 SSN/Identity No.:
. Contact Address:
9
.1 Contact Telephone No.:
0
1 Add. Telephone No.:
1
1 Mobile Telephone No.:
2
1 Facsimile No.:
3 E-Mail Address:
1
4
1 Occupation:
5
1 Business Name:
6
1 Business Address:
7
1 Business Telephone:
8 Business Facsimile:
1
9
2 Address For Mail:
0
2 Address For Courier:
1
2 Legal Counsel Name:
2
2 Legal Firm Address:
2 3 Legal Telephone No.:
4 2 MY BANK IS LISTED IN THE YES (IF NO, YOU MUST PREPARE A CLOSING BANK, WITH ALL DETAILS RECEIVED
INTERNATIONAL BANKERS FROM YOUR BANKER SENT TO THE PROVIDER)
5
ALMANAC
. ALL MY CLOSING BANK
2 YES
6 OFFICERS AWARE OF THIS
2 General Information Proposed amount of funds available for placement or purchase. :
USD principal Page 33 of 48 EURO principal
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TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
7.
31. If less than three years, please provide previous banking information and describe the form in
32. Which assets were deposited and/or transferred, or provide documentation how proposed
funds were generated/earned
34. Does applicant signatory have sole, full discretion to invest funds upon satisfactory terms?
35. Does applicant signatory have discretionary power to transfer, reserve and/or block said
funds? If not:
37. Has applicant placed or tried to place said funds elsewhere? If yes, where, when and with
whom?
38. Has a Cease and Desist been issued? If yes, when and to whom? Please attach copy (ies) of all
:
40. Are the proposed placement funds free and clear with no liens and encumbrances?
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TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
ACKNOWLEDGEMENT: I hereby swear under the full penalty of perjury, that the information
provided herein is both true and accurate. I am in control of the assets stated above, and
have signatory authority on the aforementioned bank account and have full authority to
execute all contracts and agreements relating to pleading the assets for a loan. The funds
are in full compliance with the anti-money laundering policies set forth by the Financial
Action Task Force (FATF) 6/01.
I hereby swear and attest under penalty of perjury that the statements and information provided in this
document, the Applicant Profile and Attestation, four pages in all, dated_______________, are true and
correct to the best of my knowledge and belief.
Company :
Title :
ATTACHED –D
DATE:
COPY TO: USDP OR EUROP
ADDRESS:
TELEPHONE/FAX:
E-MAIL:
CONTRACT REFERENCE NCND
CODE:
CORPORATION CODE:
PROVIDER CODE:
To be sent to: PROFIT Provider Bank Officer ______________
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
Dear Sir,
I am informing you that I am ready to proceed with the exchange of my ___________ deposited on my
bank account N°…………… , for _______ funds as per contract transaction codes referenced above, which
was filled up with you on or around_____________, 200X.
As you are aware, this above referenced contract and transaction codes is to be done with USDP OR
EUROP
ATTACHED-E
COMPANY LETTERHEAD
DATE:
TO:
ADDRESS:
TELEPHONE/FAX:
E-MAIL:
CONTRACT REFERENCE NCND CODE:
CORPORATION CODE:
PROVIDER CODE:
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
I, MR..................................................................., ON BEHALF OF __________________,“PROFIT” PROVIDER,
ALSO STATE THAT THE FUNDS REFERRED TO ARE CLEAN, CLEARED, OF NON-CRIMINAL ORIGIN, AND ARE FREE OF
ANY LIENS AND/OR ENCUMBRANCES.
BANK NAME:
ADDRESS:
BANK OFFICER:
ACCOUNT NUMBER:
ACCOUNT NAME:
SWIFT CODE:
BANK CODE:
THE UNDERSIGNED, UNDER THE PENALTY OF PERJURY, HEREBY ATTESTS THAT HE IS DULY AUTHORIZED TO ISSUE
THIS LETTER, GRANTING PERMISSION TO VERIFY WITH _______________ ________BANK THIS _TH DAY OF
_______ 2009.
_______________________________________
SIGNATURE SEAL
_______________________________________
NAME:______________________
PASSPORT NO: ________________
COUNTRY OF ISSUE: ____________
ATTACHED –F
PROFIT PROVIDER COMPANY NAME, REGISTRATION N°, REGI STERED STATE/NATION, ADDRESS ON
“PROFIT” PROVIDER COMPANY NAME LETTERHEAD PAPER
I, MR.________________ ACTING AS REPRESENTANT OF THE COMPANY NAMED_______________ HEREBY INFORM, TO WHOM IT MAY
CONCERN, THAT MR._____________ PASSPORT N°________, NATIONALITY _______________, ADDRESS: _______________ IS HEREBY
THE EXCLUSIVE AUTHORIZED AS “PROFIT” PROVIDER’S MANDATE ON BEHALF OF THE UNDERSIGNED COMPANY REGARDING TRANSACTIONS
INVOLVING PRIVATE FOREIGN EXCHANGE CURRENCY AGREEEMENT REFERENCED WITH FOLLOWING CODES:
MR. __________________________ IS ALSO RECOGNIZED TO BE ALSO AS PAYMASTER, COMMITTED OF ALL COORDINATION BEFORE
TRANSACTION COMMENCEMENT AS SENDING TO THE BENEFICIARIES FROM “PROFIT” PROVIDER’S SIDE, INDIVIDUAL PAYORDERS
USD principal Page 37 of 48 EURO principal
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(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
ENDORSED BY THE “PROFIT” PROVIDER’S BANK ALONG WITH ACKNOWLEDGMENT THAT THE “PROFIT” PROVIDER BANK HAS BEEN
GIVEN PROPER AND CONCISE DIRECTION REGARDING THE SWIFT PARTIES AND BENEFICIARIES’
WIRING OF THE COMMISSIONS IMMEDIATELY TO THE
BANK ACCOUNTS HOLDERS.
DESIGNATED
MR._____________________________ HAS AN EXCLUSIVE AUTHORIZATION AS A MANDATE WHICH SHALL REMAIN IN FULL ENFORCEABLE
AND EFFECT UNTIL SUCH TIME IS TERMINATED, IN WRITING PRE ADVICE, BY THE UNDERSIGNED OR THE UNDERSIGNED’S DULY AUTHORIZED AGENT
REPRESENTATIVES.
THE TRANSACTIONS ARE PREVIOUSLY SUBJECTED TO “PROFIT” PROVIDER APPROVAL, AND FULLY INSTRUCTED AS PER XXXX PROVIDER
BASIC GUIDELINES AND PROCEDURES.
THE SIGNATORY “PROFIT” PROVIDER COMPANY IS FULLY AGREED ON THE ABOVE STATEMENTS AND WORKING TERMS BY HIS BOARD OF
DIRECTORS,
“PROFIT” PROVIDER, COMPANY (NAME) HAND SIGNED HEREIN AND STAMPED THIS DOCUMENT IN ORIGINAL SIMILAR HARD COPY ON THE
____ ___, 2010.
ATTACHED –G
PROOFOF FUNDS
(FOR L2L PROCEDURE)
***NOTE : THIS PROOF OF FUNDS HAS TO BE ISSUED OR CONFIRMED BY A WORLD MONEY CENTER BANK.
DATE :
TO :
ADDRESS :
TELEPHONE/FAX :
E-MAIL:
CONTRACT REFERENCE NCND CODE :
CORPORATION CODE :
PROVIDER CODE :
OZT © 2010
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
BENEFIT OF PRESENT CONTRACT ISSUED BY TO:_______WITH “ PROFIT” PROVIDER NAME : _______
___________ AND “ ____ “ PROVIDER NAME : ________.
WE ALSO CONFIRM THAT OUR CLIENT NAME .........................................HAS FULL CUSTODY OVER SAID
FUNDS IN THE ACCOUNT NUMBER______________________
WE FURTHER CONFIRM THAT THESE FUNDS ARE GOOD, CLEAN, CLEARED, UNENCUMBERED, FREELY
AVAILABLE AND TRANSFERABLE FOR INVESTMENT.
BANK NAME:
REGISTRATION NUMBER :
ADDRESS:
TELEPHONE:
FAX:
SWIFT:
BANK MANAGERS NAMES:
FOR VERIFICATION PURPOSES, THIS MAY BE CONFIRMED WITH M______________ (BANK OFFICER & TITLE) AT
TELEPHONE NUMBER_____________, FAX NO: _____________ WHO IS THE OFFICER IN CHARGE OF THE
ACCOUNT, IN DUE COURSE AND ON INSTRUCTION WE WILL SUPPLY AN MT 760 ON A BANK-TO-BANK BASIS
ONLY.
BANK NAME:
REGISTRATION NUMBER :
ADDRESS:
TELEPHONE:
FAX:
SWIFT:
BANK MANAGERS NAMES:
OZT © 2010
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
ATTACHED –H
DATE:
CONTRACT REFERENCE NCND CODE:
CORPORATION CODE:
PROVIDER CODE:
ALL THE DIRECTORS OF THE COMPANY WERE IN ATTENDANCE IN PERSON OR BY TELEPHONE CONFERENCE. A GENERAL DISCUSSION WAS THEN HELD
CONCERNING THE ISSUES, AND ALL ASPECTS OF THE SAME WERE FULLY EXPLAINED IN DETAIL TO THE SATISFACTION OF THE BOARD MEMBERS.
THE BOARD OF DIRECTORS OF (NAME OF CORPORATION) IN A MEETING HELD THIS ______ DAY OF ADOPTED THE FOLLOWING RESOLUTIONS:
RESOLUTION N°1 : IT IS RESOLVED AT THIS MEETING OF THE BOARD OF DIRECTORS THAT (NAME OF SIGNATORY) HOLDER OF (ISSUING
COUNTRY) PASSPORT NO. ___________ BE APPOINTED AS DIRECTOR OF THE COMPANY AND AS AN AUTHORIZED REPRESENTATIVE / SIGNATORY TO
ACT FOR THE COMPANY WITH REGARD TO THE HEREIN CONTEMPLATED FINANCIAL TRANSACTIONS.
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
RESOLUTION N°2 : IT IS RESOLVED THAT ( NAME OF SIGNATORY ), IS HEREBY AUTHORIZED TO SIGN CONTRACTUAL AGREEMENTS,
RESOLUTIONS , IRREVOCABLE INSTRUCTIONS , AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE OBJECTIVE(S) AS STATED HEREIN,
ADVANCING THE INTERESTS OF ( NAME OF CORPORATION ).
RESOLUTION N°3 : IT IS RESOLVED THAT ( NAME OF SIGNATORY ), IS HEREBY AUTHORIZED TO ADD OTHER PARTY(IES)/ENTITY(IES) AS
SIGNATORY TO OUR BANK ACCOUNT, ON BEHALF OF ( NAME OF CORPORATION ), TO ACCOMPLISH THE TASK HE DEEMS NECESSARY.
DEPOSITORY OFFICER:
TELEPHONE NO:
WHEREUPON, ON MOTION DULY MADE AND SECONDED, THE ABOVE RESOLUTIONS WERE UNANIMOUSLY ADOPTED.
ATTACHED –I1-
LETTER OF REQUEST
DATE:
TO:
I, THE UNDERSIGNED, CONFIRM I HAVE REQUESTED OF YOUR ORGANIZATION SPECIFIC CONFIDENTIAL INFORMATION AND DOCUMENTS AS THE EURO
PROVIDER (EUROP) WHOSE INTENT IS TO PARTICIPATE IN A FOREIGN CURRENCY EXCHANGE AGREEMENT, USD/EURO, WITH A 15/10
DISCOUNT.
I UNDERSTAND THAT THE MAXIMUM PERMISSIBLE CONTRACT AMOUNT IS ONE TRILLION USD E/R (EXTENSIONS/ROLLS). I FURTHER
WITH POSSIBLE
UNDERSTAND THAT I MUST DEMONSTRATE A MINIMUM PROOF OF FUNDS (POF) 500M EUROS AND THAT I CAN DO THIS WITH
CAPABILITY OF
EITHER A TEAR SHEET SIGNED BY TWO BANK OFFICERS OR UPON REQUEST VIA AN MT799. I HEREBY STATE THAT I WILL PROVIDE MY POF VIA
__________.
I HEREBY AGREE TO KEEP ALL INFORMATION RECEIVED STRICTLY CONFIDENTIAL AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY.
OZT © 2010
(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
I HEREBY DECLARE THAT I AM FULLY AWARE THAT THE INFORMATION RECEIVED FROM YOU IS IN DIRECT RESPONSE TO MY REQUEST AND IT IS NOT IN
ANY WAY CONSIDERED OR INTENDED TO BE A SOLICITATION OF FUNDS OF ANY SORT, OR ANY TYPE OF OFFERING AND IS INTENDED FOR OUR GENERAL
KNOWLEDGE ONLY. I HEREBY AFFIRM, UNDER PENALTY OF PERJURY, THAT YOU HAVE NOT SOLICITED ME IN ANY WAY.
I UNDERSTAND THAT THE CONTEMPLATED TRANSACTION IS STRICTLY ONE OF PRIVATE CURRENCY EXCHANGE AND IS IN NO WAY RELYING ON, OR
RELATED TO, THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED OR RELATED REGULATIONS AND DOES NOT INVOLVE THE SALE OF
SECURITIES.FURTHER, I HEREBY DECLARE I AM NOT A LICENSED BROKER OR GOVERNMENT EMPLOYEE AND UNDERSTAND THAT NEITHER ARE YOU OR
YOUR ORGANIZATION. I FURTHER UNDERSTAND THAT THIS PRIVATE CURRENCY TRANSACTION IS EXEMPT FROM THE SECURITIES ACT AND NOT INTENDED
FOR THE GENERAL PUBLIC AND ALL MATERIALS ARE FOR PRIVATE USE ONLY.
THIS SIGNED LETTER OF REQUEST AND NON-SOLICITATION IS A BINDING DOCUMENT EXECUTED UNDER THE PENALTY OF PERJURY OF LAW.
THE ABOVE DOCUMENT, IF TRANSMITTED BY FACSIMILE OR ELECTRONIC MAIL SHALL BE CONSIDERED AN ORIGINAL, LEGALLY ENFORCEABLE DOCUMENT.
LETTERHEAD
DATE:
TO:
EURO P OR USD P CODE:
ATTACHED –I2-
LETTER OF REQUEST
DATE:
TO:
I, THE UNDERSIGNED, CONFIRM I HAVE REQUESTED OF YOUR ORGANIZATION SPECIFIC CONFIDENTIAL INFORMATION AND DOCUMENTS AS THE EURO
PROVIDER (EUROP) WHOSE INTENT IS TO PARTICIPATE IN A FOREIGN CURRENCY EXCHANGE AGREEMENT, USD/EURO, WITH A 15/10
DISCOUNT.
I UNDERSTAND THAT THE MAXIMUM PERMISSIBLE CONTRACT AMOUNT IS 500 BILLIONS USD WITH POSSIBLE E/R (EXTENSIONS/ROLLS). I
FURTHER UNDERSTAND THAT I MUST DEMONSTRATE A MINIMUM PROOF OF FUNDS (POF) CAPABILITY OF 50M EUROS AND THAT
I CAN DO THIS WITH EITHER A TEAR SHEET SIGNED BY TWO BANK OFFICERS OR UPON REQUEST VIA AN MT799. I HEREBY STATE THAT I WILL
PROVIDE MY POF VIA __________.
I HEREBY AGREE TO KEEP ALL INFORMATION RECEIVED STRICTLY CONFIDENTIAL AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY.
OZT © 2010
(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
I HEREBY DECLARE THAT I AM FULLY AWARE THAT THE INFORMATION RECEIVED FROM YOU IS IN DIRECT RESPONSE TO MY REQUEST AND IT IS NOT IN
ANY WAY CONSIDERED OR INTENDED TO BE A SOLICITATION OF FUNDS OF ANY SORT, OR ANY TYPE OF OFFERING AND IS INTENDED FOR OUR GENERAL
KNOWLEDGE ONLY. I HEREBY AFFIRM, UNDER PENALTY OF PERJURY, THAT YOU HAVE NOT SOLICITED ME IN ANY WAY.
I UNDERSTAND THAT THE CONTEMPLATED TRANSACTION IS STRICTLY ONE OF PRIVATE CURRENCY EXCHANGE AND IS IN NO WAY RELYING ON, OR
RELATED TO, THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED OR RELATED REGULATIONS AND DOES NOT INVOLVE THE SALE OF
SECURITIES.FURTHER, I HEREBY DECLARE I AM NOT A LICENSED BROKER OR GOVERNMENT EMPLOYEE AND UNDERSTAND THAT NEITHER ARE YOU OR
YOUR ORGANIZATION. I FURTHER UNDERSTAND THAT THIS PRIVATE CURRENCY TRANSACTION IS EXEMPT FROM THE SECURITIES ACT AND NOT INTENDED
FOR THE GENERAL PUBLIC AND ALL MATERIALS ARE FOR PRIVATE USE ONLY.
THIS SIGNED LETTER OF REQUEST AND NON-SOLICITATION IS A BINDING DOCUMENT EXECUTED UNDER THE PENALTY OF PERJURY OF LAW.
THE ABOVE DOCUMENT, IF TRANSMITTED BY FACSIMILE OR ELECTRONIC MAIL SHALL BE CONSIDERED AN ORIGINAL, LEGALLY ENFORCEABLE DOCUMENT.
ATTACHED –J
ORIGIN/ HISTORY:
THE ORIGINS OF FUNDS ARE IN COMPLIANCE WITH ANTI-MONEY LAUNDERING POLICIES AS SET FORTH BY THE FINANCIAL ACTION TASK FORCE OF JUNE
2001 AND THE US PATRIOT ACT, THE ORIGIN OF FOREIGN ASSETS CONTROL [NATIONALS AND BLOCKED PERSON EMBARGOED] AND OTHER
APPLICABLE LAWS AND ARE NOT FROM TERRORIST SOURCES. ALL BUSINESS ACTIVITIES ARE LEGAL.
OZT © 2010
(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
I HEREBY DECLARE AND AFFIRM, UNDER PENALTY OF PERJURY LAWS, THAT THE INFORMATION PROVIDED HEREIN IS BOTH TRUE AND ACCURATE. I
CONFIRM THAT I AM IN CONTROL OF SAID FUNDS/ASSETS DESCRIBED HEREIN AND THAT I AM THE SIGNATORY ON THE AFOREMENTIONED BANK ACCOUNT
WITH COMPLETE CONTROL OF THE BANK ACCOUNTS MENTIONED HEREIN. I HAVE FULL AUTHORITY TO EXECUTE ALL CONTRACTS RELATING TO THE
PRIVATE PLACEMENT TRANSACTION ENVISAGE. THE ORIGIN OF THE FUNDS/ASSETS ARE DERIVED FROM NON-CRIMINAL ORIGIN, ARE GOOD, CLEAN AND
CLEARED AND ARE IN FULL COMPLIANCE WITH ANTI-MONEY-LAUNDERING LAWS AND POLICIES OF THE USA AND THE EUROPEAN UNION AND WITH
ALL INTERNATIONAL AND LOCAL BANKING REGULATIONS AS SET FORTH BY THE FINANCIAL ACTION TASK FORCE (FATF) 6/01.
IN WITNESS I HEREBY SET MY HAND AND SIGN WITH MY NAME AS MY FREE ACT.
DATE:
NAME:
__________________________________
SIGNATURE
PASSPORT NO:
COUNTRY OF ISSUE:
DATE OF ISSUE:
DATE OF EXPIRY:
IN WITNESS I HEREBY SET MY HAND AND SIGN WITH MY NAME AS MY FREE ACT.
DATE:
NAME:
__________________________________
SIGNATURE
PASSPORT NO:
COUNTRY OF ISSUE:
DATE OF ISSUE:
DATE OF EXPIRY:
ATTACHED –K
LETTER OF REQUEST
DATE:
TO:
ADDRESS:
TELEPHONE/FAX:
E-MAIL:
CONTRACT REFERENCE NCND CODE:
CORPORATION CODE:
PROVIDER CODE:
DEAR SIR:
WE _______________________ IN EXCHANGE FOR OUR __________UNDER FOREIGN CURRENCY EXCHANGE AGREEMENT AT THE CURRENT RATE OF
ARE SEEKING
EXCHANGE BUT HAVING A LEGAL PROFIT/BENEFIT BONUS PARTICIPATION TO HUMANITARIAN PROGRAMS OF USDP OF ___% ( ___ PERCENT)
WITH ___% ( ____ PERCENT) FOR MY BENEFIT AS “PROFIT” PROVIDER AND __% (__ PERCENT) PAID TO THE MANDATES AND INTERMEDIARIES.
OZT © 2010
(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
THE LEGAL PROFIT/BENEFIT BONUS PARTICIPATION TO HUMANITARIAN PROGRAMS OF USDP IS FREE OF ALL LOCAL AND GOVERNMENTAL TAXES
INCLUDING FORCE MAJOR TAXES WHICH WILL BE PAID BY THE HUMANITARIAN ORGANIZATION USDP. THE COPYRIGHTS AND ROYALTIES (IF ANY) WILL BE
PAID AS PER CONTRACT REFERENCED ABOVE.
I WOULD LIKE THE EXCHANGE TO TAKE PLACE USING SWIFT MT103, EUROCLEAR, _______BANK TO BANK TRANSACTIONS / OR LEDGER TO LEDGER METHOD, OR
BOTH, OR ELSE AND AS PER FEDERAL REGULATIONS.
THE ________________, THIS IS ALSO WHERE THE MASTER FEE PROTECTION AGREEMENT WILL BE LODGED UNDER THE
BANK THAT WE USE IS CARE OF THE BANK
OFFICER OF ________________MY BANK HAS BEEN MADE FULLY AWARE OF MY REQUEST AND HAS GIVEN US A BANK CONFIRMATION RECEIPT;
THE EMAIL/FACSIMILE TRANSMISSION OF THIS DOCUMENT SHALL BE CONSIDERED A BINDING AND ENFORCEABLE INSTRUMENT, TREATED AS ORIGINAL COPY. ORIGINAL MAY
BE OBTAINED UPON REQUEST.
SINCERELY,
___________________________ _______________________
DATE:
PROFIT PROVIDER COMPANY NAME, REGISTRATION N°, REGI STERED STATE/NATION, ADDRESS. IT IS THE ONE WHICH
GETS PAID A LEGAL BONUS.
ATTACHED –L
DATE:
TO:
ADDRESS:
TELEPHONE/FAX:
E-MAIL:
CONTRACT REFERENCE NCND CODE:
CORPORATION CODE:
PROVIDER CODE:
I, AS AUTHORIZED SIGNATORY, DO HEREBY CONFIRM THAT I HAVE REQUESTED OF YOU AND YOUR ORGANIZATION, SPECIFIC CONFIDENTIAL INFORMATION
AND DOCUMENTATION ON BEHALF OF MYSELF REGARDING THE CONTRACT REFERENCED ..................IN ORDER TO SERVE ONLY MY INTEREST,
EDUCATION, AND NOT FOR FURTHER DISTRIBUTION.
I AM HEREBY AGREEING THAT ALL INFORMATION RECEIVED FROM YOU IS IN DIRECT RESPONSE TO MY REQUEST, AND IS NOT IN ANY WAY CONSIDERED
OR INTENDED TO BE A SOLICITATION OF ANY SORT, OR ANY TYPE OF OFFERING, AND FOR MY GENERAL KNOWLEDGE ONLY. I HEREBY AFFIRM UNDER
PENALTY OF PERJURY, THAT I HAVE REQUESTED THIS INFORMATION FROM YOU AND YOUR ORGANIZATION OF MY CHOICE AND FREE WILL AND FURTHER,
AND THAT YOU HAVE NOT SOLICITED ME IN ANY WAY.
USD principal Page 45 of 48 EURO principal
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I HEREBY REPRESENT THAT I AM NOT AN INFORMANT, NOR AM I ASSOCIATED WITH ANY GOVERNMENT AGENCY OF THE UNITED STATES OF AMERICA,
OR ANY OTHER COUNTRY, SUCH AS THE SECRET SERVICE, INTERNAL REVENUE SERVICE, FEDERAL BUREAU OF INVESTIGATION, CENTRAL
INTELLIGENCE AGENCY, SECURITIES AND EXCHANGE COMMISSION, BANKING COMMISSION, OR ANY AGENCY WHOSE PURPOSE IS TO GATHER
INFORMATION REGARDING SUCH OFFERINGS.
I UNDERSTAND THAT THE CONTEMPLATED TRANSACTION IS STRICTLY ONE OF PRIVATE TRANSACTION, AND IS IN NO WAY INITIALS:_____
NON-SOLICITATION STATEMENT RELYING UPON, OR RELATING TO, THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED, OR RELATED
REGULATIONS, AND DOES NOT INVOLVE THE SALE OF SECURITIES . FURTHER, I HEREBY DECLARE THAT YOU HAVE DISCLOSED THAT YOU ARE NOT A
LICENSED SECURITY TRADER, ATTORNEY, BANK OFFICER, CERTIFIED PUBLIC ACCOUNTANT OR FINANCIAL PLANNER. ANY INFORMATION, WORK OR
SERVICE CONDUCTED HEREUNDER IS THAT OF A PRIVATE INDIVIDUAL AND THAT THIS IS A PRIVATE TRANSACTION THAT IS EXEMPT FROM THE SECURITIES
ACT AND NOT INTENDED FOR THE GENERAL PUBLIC BUT PRIVATE USE ONLY.
THE FACSIMILE TRANSMISSION OF THIS DOCUMENT SHALL BE CONSIDERED A BINDING AND ENFORCEABLE INSTRUMENT, TREATED AS ORIGINAL COPY.
ORIGINAL MAY BE OBTAINED UPON REQUEST.
COMPANY NAME
PASSPORT NUMBER:
ISSUED BY:
PROFIT PROVIDER COMPANY NAME, REGISTRATION N°, REGI STRATION STATE/NATION, ADDRESS
NOTARIZATION:
ON __TH OF__________,
2009, BEFORE ME, (NAME OF SIGNATORY), THE UNDERSIGNED, A NOTARY PUBLIC IN ________, ___________
PERSONALLY APPEAREDMR. (NAME OF SIGNATORY) WHO IS THE BEARER OF (COUNTRY) PASSPORT NUMBER (NUMBER), WHOSE IDENTITY WAS
KNOWN TO ME, OR SATISFACTORILY PROVEN TO BE THE PERSON WHO SUBSCRIBED TO THE FOREGOING NON-SOLICITATION STATEMENT, AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME OF HIS OWN FREE WILL.
NOTARY:_______________________________ SEAL:
INTRUDER BANK
USD PROVIDER
EURO PROVIDER__
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PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
ATTACHED –M
DATE:
TO:
I, THE UNDERSIGNED, CONFIRM I HAVE REQUESTED OF YOUR ORGANIZATION SPECIFIC CONFIDENTIAL INFORMATION AND DOCUMENTS AS THE EURO
PROVIDER (EUROP) WHOSE INTENT IS TO PARTICIPATE IN A FOREIGN CURRENCY EXCHANGE AGREEMENT, USD/EURO, WITH A 15/10
DISCOUNT.
I UNDERSTAND THAT THE MAXIMUM PERMISSIBLE CONTRACT AMOUNT IS 50 BILLIONS USD WITH POSSIBLE E/R (EXTENSIONS/ROLLS). I
FURTHER UNDERSTAND THAT I MUST DEMONSTRATE A MINIMUM PROOF OF FUNDS (POF) CAPABILITY OF 50M EUROS AND THAT I CAN DO THIS
WITH A TEAR SHEET SIGNED EITHER BY EURO BANK OFFICER OR UPON REQUEST VIA AN BCL/POF - FAX. I HEREBY STATE THAT I WILL PROVIDE
I HEREBY AGREE TO KEEP ALL INFORMATION RECEIVED STRICTLY CONFIDENTIAL AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY.
OZT © 2010
(COMPANY LETTERHEAD)
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
TRANSACTION CODE:
SELLER’S CODE:
BUYER’S CODE:
I HEREBY DECLARE THAT I AM FULLY AWARE THAT THE INFORMATION RECEIVED FROM YOU IS IN DIRECT RESPONSE TO MY REQUEST AND IT IS NOT IN
ANY WAY CONSIDERED OR INTENDED TO BE A SOLICITATION OF FUNDS OF ANY SORT, OR ANY TYPE OF OFFERING AND IS INTENDED FOR OUR GENERAL
KNOWLEDGE ONLY. I HEREBY AFFIRM, UNDER PENALTY OF PERJURY, THAT YOU HAVE NOT SOLICITED ME IN ANY WAY.
I UNDERSTAND THAT THE CONTEMPLATED TRANSACTION IS STRICTLY ONE OF PRIVATE CURRENCY EXCHANGE AND IS IN NO WAY RELYING ON, OR
RELATED TO, THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED OR RELATED REGULATIONS AND DOES NOT INVOLVE THE SALE OF
SECURITIES. FURTHER, I HEREBY DECLARE I AM NOT A LICENSED BROKER OR GOVERNMENT EMPLOYEE AND UNDERSTAND THAT ARE NEITHER YOU OR
YOUR ORGANIZATION. I FURTHER UNDERSTAND THAT THIS PRIVATE CURRENCY TRANSACTION IS EXEMPT FROM THE SECURITIES ACT AND NOT
INTENDED FOR THE GENERAL PUBLIC AND ALL MATERIALS ARE FOR PRIVATE USE ONLY.
THIS SIGNED LETTER OF REQUEST AND NON-SOLICITATION IS A BINDING DOCUMENT EXECUTED UNDER THE PENALTY OF PERJURY OF LAW.
THE ABOVE DOCUMENT, IF TRANSMITTED BY FACSIMILE OR ELECTRONIC MAIL SHALL BE CONSIDERED AN ORIGINAL, LEGALLY ENFORCEABLE DOCUMENT.
SIGNATURE:
DATE:
NAME:
PASSPORT NO.:
COUNTRY OF ISSUE:
ATT:
NOTARIZATION:
ON __TH OF__________,
2009, BEFORE ME, (NAME OF SIGNATORY), THE UNDERSIGNED, A NOTARY PUBLIC IN ________, ___________
PERSONALLY APPEAREDMR. (NAME OF SIGNATORY) WHO IS THE BEARER OF (COUNTRY) PASSPORT NUMBER (NUMBER), WHOSE IDENTITY WAS
KNOWN TO ME, OR SATISFACTORILY PROVEN TO BE THE PERSON WHO SUBSCRIBED TO THE FOREGOING NON-SOLICITATION STATEMENT, AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME OF HIS OWN FREE WILL.
NOTARY:_______________________________ SEAL:
INTRUDER BANK
USD PROVIDER
EURO PROVIDER__
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