PROCEDURES B2B-MT103 - 18_12 CLASSIC

THIS DOCUMENT IS ONLY INFORMATIVE, IT HAS NOT CONTRACTUAL VALUE.

TRANSACTION MODE: USD MOVES FIRST FROM BANK TO BANK “CLASSIC” VIA SWIFT MT 103 WIRE TRANSFER.

-          Transaction mode:	Bank to Bank (SWIFT MT103)
-          rate of exchange:	Second Daily nominal effective exchange rate of Euro vs. USD, fixed by European Central Bank Frankfurt at 3:00 PM CET of the last banking day before exchange date.
-          BONUS:	Gross 18 %.  Net 12  % to Eur Provider
-          consultancy fees:	Total of  6 %
-          uSD PROVIDEr:	2.5 % to USD Provider
-          ALL MANDATE HOLDERS  AND INTERMEDIARIES:	3.5 %

USD MOVES FIRST WITH SWIFT MT103 TO EURO-PROVIDER’S BANK!

Per each $100 USD the Euro Provider shall pay the equivalent value in EUROS of

$ 82 USD on the day of each tranche.

                  

3.       PROCEDURES:

3.1.      The Euro Provider will complete his part of this PFCEA draft contract, initial and sign

it and send it to mandate holder of USD Provider, along with the signed Irrevocable Master

Fee Protection Agreement (IMFPA) as in ADDENDUM “4”. 

3.2.       Euro Provider will, together with PFCEA document as in above 1., present  the

following   so called Compliance Documents to USD Provider:

Ø  Letter of Request

Ø  CIS of EUR Provider 

Ø  Certificate of Incorporation that proves due registration of company and companies institutional representation, if EUR Provider is incorporated

Ø  Corporate Resolution of Board of Directors or Partners  in favour of Company Signatory, if EUR Provider is incorporated and company’s signatory is not identical with statutory registered representative

Ø  Legible Colour Copy of valid Passport of EUR Provider (when natural person), of EUR Provider´s signatory, whether registered or appointed, and of Mandate Holder (if different from EUR Provider Signatory).

            3.3.       USD Provider will, if acceptable, countersign the PFCEA.

            3.4.       EUR provider will lodge a copy of the signed PFCEA contract with EUR provider´s     bank and instruct them accordingly.

            3.5.       EUR Provider or his mandate holder will send within three banking days after receipt of countersigned PFCEA a message by fax or email to USD provider or his mandate holder advising that his bank is ready to send the message as of 3.7. here below. With this message, he will inform of the day of sending, the name(s) of the sending bank officer(s) and bank officers contact details (phone, fax, email).

            3.6.       USD Provider will confirm the message as of above 3.5. and, if not yet done, inform EUR Provider’s bank officer(s) of the name of the officer(s) of USD Providers bank.

3.7.       Euro Provider’s bank shall  send  latest within 7 banking days after receipt of countersigned PFCEA the following message via Swift MT 799 according to the below prescribed text.

The only and exclusive content of the message is:
-          TO (USD-P’s  BANK  NAME, COORDINATES) :
-          ACCOUNT NR.  (USD PROVIDER´S  < USD P´s > ACCOUNT NR. AS IN ADDENDUM 1):
-          SELLER'S CODE:
-          BUYER'S CODE:
-          CONTRACT AMOUNT :	50 Billion USD with R & E

" WE, THE (Eur P´s bank name and address),  WITH FULL BANK RESPONSIBILITY HEREBY IRREVOCABLY CONFIRM THAT WE HAVE PLACED AN ADMINISTRATIVE HOLD  AS OF TODAY (………date………….) ON THE SUM OF Fifty Million  EURO (€50,,000,000.00) IN THE ACCOUNT OF OUR CLIENT ( EUR P´s  name………….) WITH ACCOUNT NUMBER (EUR P.s account number)  FOR THE PERIOD OF SIXTY (60) DAYS FROM THE DATE OF THIS TRANSMISSION IN FAVOUR OF ABOVE INDICATED USD PROVIDER S  ACCOUNT FOR THEIR EXCLUSIVE BENEFIT.

WE FURTHER CONFIRM THAT THESE FUNDS ON DEPOSIT AT OUR BANK ARE FREE AND CLEAR OF ANY LIENS AND ENCUMBRANCES, AND THAT THESE FUNDS ARE GOOD, CLEAN AND OF NON-CRIMINAL ORIGIN.

WE CERTIFY THAT THIS INSTRUMENT IS NEGOTIABLE, ASSIGNABLE, TRANSFERABLE AND CALLABLE AT FIRST DEMAND, WITHOUT DELAY OR PROTEST. THIS INSTRUMENT IS A FULLY OPERATIVE INSTRUMENT ISSUED IN COMPLIANCE WITH PROPER PROCEDURES IN ACCORDANCE WITH THE INTERNATIONAL BANKING LAWS AND REGULATIONS.

THIS INSTRUMENT IS BINDING, FULLY PERFORMED AND IS VERIFIABLE BY BANK TO BANK RESPONSIBLE WAY.

THIS INFORMATION CAN BE VERIFIED BY CONTACTING THE BANK OFFICERS BELOW AT THE BANKS MAIN LINE OR HIS DIRECT LINE

FOR AND ON BEHALF OF (Eur P´s bank name and address)".

(BANK officer 1, PIN)

(BANK officer 2, PIN)

EUR Provider will instruct his bank to send a signed copy of the message as of 3.7. to USD provider or his mandate holder by fax or email.

3.8.       The USD Provider´s Bank shall send via SWIFT MT 103  conditionally the USD to Euro-P Bank in accordance with the banking instructions within this PFCEA agreement,especially with instructions of automatic release of USD of  conditional SWIFT upon definite crediting of unconditional SWIFT MT 103 of Euros to USD Provider´s account  and USD to Fee Beneficiaries´ accounts.

3.9.       Upon verification, Euro-P Bank shall then send via SWIFT MT 103 unconditionally the Euro with same day credit to USD Provider´s Bank and USD to Fee Beneficiaries´ Banks  in accordance with the banking instructions within this PFCEA.     

            3.10.     The  conditional SWIFT MT 103 USD transfer, upon EUR Provider's Bank sending the Euro according to above procedure, is released to the Euro-P automatically without further notice as soon as the transferred amounts are  definitely credited to USD P and Fee Beneficiaries.

            3.11.     Further tranches are to be continued as per the above procedure until the USD or EUR are exhausted or the PFCEA amount is completed with all rolls and extensions.

            3.12.     USD Provider will send first tranche of USD according to the above immediately after receipt of the required message as of above 3.7., maximum three banking days after arrival at USD Provider´s bank. Should USD Provider not comply with timely delivery of first tranche, then EUR Provider´s bank is entitled to revoke the Swift message sent.  

 

PROVIDER, MANDATE HOLDERS AND INTERMEDIARIES:
COMMISSIONS			% Of contract Value
1º	USD Provider Principal	Closed	2.50%
3.5 % ( Three and a half percent of Total Contract Value) distributed between the following beneficiaries/paymasters: (Euro side commissions)
2º	USD Mandate and his group	Closed	1.75%
3º.A	EUR Mandate and his group		1.15%
3º.B	EURO Group #1 (Presented Euro)		0.30%
3º.C	EURO Group#2 (Presented Dollar)	Closed	0.30%
TOTAL			6.00%