PROCEDURE CASH 2 CASH 20_15 CLASSIC

USD - EURO TRANSACTION (Cash or swift to cash)
QUANTITY	BILLION (B) UNITED STATES DOLLAR WITH R&EXTENSIONS
EXCHANGE RATE	Second Frankfurt (ECB) Fixing of the last banking day before transaction
BONUS	GROSS 20.0 % (TWENTY PERCENT) NET / 15.0 % (TWELVE POINT FIVEPERCENT). THE NET BONUS IN FAVOUR OF EUR PROVIDER; DIFFERENCE OF GROSS TO NET BONUS (5.0 %) TO BELOW NAMED BENEFICIARIES.
COMMISSIONS/FEE	2,5 % (TWO POINT FIVE PERCENT) TO THE USD PROVIDER 1º. 1.00 % (ONE PERCENT) TO 2º. 1.5 % (ONE POINT FIVE PERCENT) TO 3º.
FIRST TRANCHE	5 MILLION USD
SECOND TRANCHE	10  MILLION USD  (second day)
THIRD TRANCHE	20 MILLION USD  (third day)
FURTHER TRANCHES	49.5 MILLION USD  PER DAY (OR AS AGREED BETWEEN PRINCIPALS) UNTIL FUNDS ARE EXHAUSTED.
EXCHANGE MODE :	FIRST THREE TRANCHES SWIFT or CASH TO CASH, THEREAFTER SWIFT TO SWIFT WITH USD MOVING FIRST CONDITIONALLY AND EUR FOLLOWING WITHIN SAME BANKING DAY UNCONDITIONALLY

 

EXTRACT

THIS DOCUMENT IS ONLY INFORMATIVE, AND HAS NOT  CONTRACTUAL VALUE

PROCEDURE

1.                    EUR Provider will complete and sign this MOU with FPA and attach colour copy of his valid passport. He will further  send the following to USD P or his mandate holder:

1.1.          Client Information Sheet of EUR P and his signatory with details on Company and Signatory, full contact coordinates of both and Beneficial Owner (if other than EUR P).

1.2.          Affidavit of History of Funds (a specific statement about how the funds were generated and administered.)

1.3.          Letter of Mandate, if any.

1.4.          If required, USD Provider will present corresponding documents to EUR Provider.

USD Provider and EUR Provider can agree to present these documents no earlier that in TTM.

2.             USD P to complete and countersign the MOU.

3.             The procedure to follow is this:

3.1.  Immediately upon signature and countersignature of MOU, EUR P will provide Proof of Funds for first tranche (5 M EUR) to USD Provider. This can be done by bank tear sheet or bank statement, both signed by two bank officers, no older than five banking days; or by SKR of a recognized Security House, or by different proof acceptable to USD Provider.

3.2     Thereupon EURO Provider or his representative will attend inspection and verification of USD cash of first tranche in vault of USD Provider´s bank.

3.3     If USD Provider or EUR Provider deem it advisable, providers or their authorized representatives meet for a personal meeting (TTM), to be held in USD Provider´s bank or as agreed. 

3.4     Thereupon, EUR Provider will, under assistance of USD Provider, and without delay, open USD and EURO accounts at USD Provider´s bank. Bank officer of USD Provider and EUR Provider should be preferably the same person.

3.5     EURP will then deposit EUR of first tranche into his account in USDP’s bank and inform USD P of readiness to transfer EUR to USD P’s account by transfer against the USD amount to be paid according to this MOU.

3.6     USD Provider asks USD Provider´s bank to exchange EUR and USD amounts due immediately.

3.7     EUR P and USD P may agree under the prevailing international and national laws not to ledger amounts credited in their respective accounts, but to exchange cash amounts from their  their accounts .

3.8     The above procedure is repeated for further tranches, except    TTM.

3.9     After three tranches executed, parties may agree to exchange  USD and EUR using a pure swift to swift procedure between different banks. In this case  both currencies are wired per MT 103.  USD moving first conditionally and EURO to follow unconditionally. Eur will be paid on the same banking day.  USDPV transfers to EUR Provider the agreed on USD as counter value of EUR plus the net bonus defined. Before first swift tranche from USDPV to EURPV, EURPV Bank sends MT 799 message to USD P Bank assuring availability and transfer of corresponding EUR. Details to be discussed and agreed on in above mentioned TTM. In case no agreement on exchange mode after first tranches is reached, it is agreed to continue exchange as above 3.5. through 3.7.

3.10  Condition of Swift conditional USD transfer is the executed unconditional Swift transfer of agreed on EUR to USD Provider. Therewith the conditional USD is  released automatically.

4.   Simultaneously with trading of any tranche, commission fees of 7.50 %, i.e. 2,5 % for USD P closed, 2.50 % for USD Intermediaries group(s) B. and 2.5 % for EUR Intermediaries group(s) C., will be paid by the USD Provider.

5.   All commission fees will be paid per tranche, simultaneously with tranche transfer to EUR Provider,  in EURO or USD and by Swift wire to the account coordinates to be provided by beneficiaries. Beneficiaries can ask for cash payment on location of first three tranches. If USD is transferred by Swift conditionally to EUR P, commission fees will also be transferred conditionally to beneficiaries, simultaneously with swift wire transfer to EUR P. No. 8 above applies correspondingly. If USD is transferred by Swift unconditionally, commission will also be transferred unconditionally.

6.   If a party to this MOU does not attend an agreed on TTM or fails to perform under this Agreement, the party is engaged to pay to the other party all damages and losses and additionally a penalty of 50 % of the first tranche, minimum three Million Euros.

The Parties hereto shall not be liable for any failure to perform under the “FORCE MAJEURE” Provisions of the ICC, Paris.

Mandate Holders, intermediaries or consultants are not to be held liable for the MOU, its preparation, negotiation, execution or the failure of a party to perform.

For the avoidance of any doubt, the parties shall not be liable in any manner whatsoever to both the other party and the facilitators, intermediaries or consultants on either side in the event the transaction contemplated herein might violate the laws or banking rules and terms of the European Union or any country of it or any such other jurisdiction where this transaction is expected to be originating from or to be delivered or closed pursuant to this contract. Further, in such event this contract shall be deemed automatically terminated without any right of claims or legal recourse on the part of either of the parties herein. Any and all claims or right of legal recourse of the facilitators, intermediaries and consultants of both the parties shall also be deemed waived in such event.

7. This document is a full recourse commercial contract concluded under the laws of the United Kingdom (British), which jurisdiction shall govern the construction, interpretation, execution, validity, enforceability, performance and other matters of the Agreement, including breach or claim of breach thereof. The Parties agree to have any such matter arbitrated under the rules of the Arbitration Court of the International Chamber of Commerce, in accordance with the rules and procedure of the said court. Judgment upon the award may be entered in any court having jurisdiction thereof. The parties hereto hereby waive any claim against or objection to in personal jurisdiction and venue in the courts of City of London and the United Kingdom. The signing parties hereby accept such selected jurisdiction as the exclusive venue.

PROVIDER, MANDATE HOLDERS AND INTERMEDIARIES:
COMMISSIONS			% Of contract Value
1º	USD Provider Principal	Closed	2.50%
2.50 % ( Five percent of Total Contract Value) distributed between the following beneficiaries/paymasters: (Euro side commissions)
2º	USD Mandate and his group	Closed	1.00%
3º.A	EUR Mandate and his group		1.00%
3º.B	EURO Group #1 (Presented Euro)		0.25%
3º.C	EURO Group#2 (Presented Dollar)	Closed	0.25%
TOTAL			5.00%