PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
BANK-TO-BANK
This agreement is already approved by FED
3. Transaction Procedure - Ledger to Ledger in USDP’s bank:
A]. The Euro Provider and the USD Provider will sign, seal and return this Agreement along with the Irrevocable Master Fee Protection Agreement and with all other required documents, by email and/or fax first, this electronic transmitted contract will be deemed as original, then followed delivered by courier the original Signed Contracts,
B]. Both Parties lodge this Agreement along with the Irrevocable Master Fee Protection Agreement [imfpa] with each Party’s bank and instructions are given by each Party to his bank to start the transaction. Window time is agreed to by the Parties and their banks for the preliminary communication by SWIFT PRE-ADVISE for the preparation of the Ledger to Ledger transaction. Bank Account arrangements made to start at the USD Providers’ Bank.
- After execution of this Agreement by the Parties, EURPF will open a EURO and USD account in LGT Bank Liechtenstein, where this PFCEA will be lodged in a ledger to ledger system, to which the EUROS and USD will be transferred.
- EURPF will deposit EUROS into his account in LGT Bank Liechtenstein and inform the USDPF bank officer, who will be the same for EURPF and USDPF, of his readiness to transfer EUROS to USDPF’S EURO account by ledger transfer.
- USDPF bank officer will ledger transfer USD from USDPF’S account to EURPF’S USD account in the amount stated for the scheduled tranche in the Tranche Schedule, First Tranche to be USD $49.5 million.
- THE bank officer, after receiving, verifying and authenticating the transferred tranche of USD from the USDPF’S account, will ledger transfer EURO in the formula equivalent amount of USD to the EURO account of USDPF as stated by USDPF, in accordance with the banking instructions within this Agreement (Appendix 1)
- On the same day, EURPF’S bank officer will pay from EURPF’S USD account all commissions, in the amount equal to 8.00% of the undiscounted USD transferred in the instant tranche, by SWIFT wire transfer to the Beneficiary Paymasters as stated in the Irrevocable Fee Payment Agreement (IFPA).
- On each subsequent banking day, a further tranche will continue according to the above stated procedure until the USD is exhausted or the PFCEA amount, including agreed extensions, is completed.
- Banking coordinates and instructions: the respective bank account details are listed in APPENDIX “A” attached and those coordinates cannot be changed for the life of this Agreement without notice given five days prior to any change to all Paymasters of consulting fees and commissions.
- Consultancy fees: The payer of the consulting fees and commissions as well as the EUR Provider and USD Provider 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-Provider’s side:
To be paid by the Euro Provider to the bank accounts designated by the paymasters in APPENDIC “C” attached.
b. Consultancy fees USD-Provider’s side:
To be paid by the EUR Provider to the bank accounts designated by the paymaster in APPENDIX “C” attached.
- Consultancy fees banking instructions and information:
The EUR Provider shall release and otherwise transfer funds in the form of USD for payment of the pay orders – fee agreement- attached herewith to the Euro 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.”
10. OTHER TERMS AND CONDITIONS:
1. transaction contract quantity: United Sates Dollars (USD) in the Contract amount of 800 Billion (800, 000,000,000) USD, with rollovers and extensions to amount by mutual consent of the Parties. Extensions to be agreed upon in writing at least five bank days prior to the supposed exchange. THE EURO PROVIDER DESIRES TO EXCHANGE THE AMOUNT OF: 800 Billion USD with rolls and extensions, until USD are exhausted.
2. EXCHANGE RATE: The exchange rate is agreed as 123 USD for 100 EURO exchange rate as of the date of exchange. The day when the EUR 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 tranche delivery schedule as indicated in aPPENDIX “B” to be agreed to by the EUR 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. Furthermore, any direct contact between the Principals prior to both Parties’ signature of this Contract will lead to immediate cease and desist.
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 EURO provider opened in the USD Provider’s bank and the funds transferred into this account, the transaction shall begin within THREE [3] banking days or sooner, excluding Saturdays, 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 Paymaster. 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 percent [2%] 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 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 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.
9. Law & Arbitration: contract law: 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 USA, British or European Union country Laws 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.
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.
The Parties must follow the guidelines provided by the rules of the banks on the Anti-Terrorism Act and the USA Patriot Act I and II. The USD-P and EURO-P will not be held responsible for any harmful money laundering.
(Hereinafter referred to as Euro Provider or EURO-P)
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 States 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 eur exchange.
D. This Private Foreign Currency Exchange Transaction is same bank transaction, to be executed via Ledger to Ledger transfer upon bank agreement, according to the following terms, conditions and agreed Bank procedure.
1. Currencies:
1.1 Description of the Euros (EUR) currency:
Currency: Euros, legal tender of E. U.
Origin of currency: Europe, of 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: 800 Billion (800, 000,000,000) USD
First tranche: equivalent amount of USD 49.5 million.
Subsequent tranches: per tranche schedule (appendix “B”).
1.2 Description of the United States Dollars (USD) currency:
Currency: United States dollars; legal tender of USA.
Origin of currency: United States, of 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: 800 Billion (800, 000,000,000) USD
First tranche: amount of USD 49.5 million.
Subsequent tranches: per tranche schedule (appendix “B”).
2. Transaction conditions:
Transaction mode: Bank to Bank (Ledger to Ledger as agreed)
Rate of exchange: Fixed rate of 123 USD for 100 USD TO Euro exchange rate.
Bonus: Gross 23% USD; net 15% to the Euro Provider.
Consultancy fees:
Total 8.00% allowed to be split on 50/50 basis.
USD provider side:
6.0% to USD-P, Mandates and facilitators – to be paid by EUR-Provider.
Euro provider side:
2.0% to Euro-P’s groups, facilitators and agents from both sides
To be paid by Euro-Provider.
Fee transaction mode:
From Euro-P’s bank unconditionally to Paymasters
FOR COMPLETE CONTRACT - CONTRACT US - currencyexchangeproviders@gmail.com
