PRIVATE DEED OF AGREEMENT/CONTRACT.
THIS AGREEMENT IS MADE AND ENTERED INTO THIS DAY xxxx 20xx BY AND BETWEEN THE
PARTIES DESCRIBED BELOW:
THE SENDER :
PROVIDER’S INFORMATION
CORPORATE NAME
MAILING ADDRESS
REPRESENTED BY
DESIGNATION DIRECTOR
PASSPORT NO.
NATIONALITY
DATE OF ISSUE
EXPIRY DATE
THE BENEFICIARY :
BENEFICIARY’S
INFORMATION
CORPORATE NAME PT SUMBER REJEKI Surabaya East Java
MAILING ADDRESS
REPRESENTED BY ARIES WASKITO
DESIGNATION FINANCE DIRECTOR
PASSPORT NO.
NATIONALITY INDONESIA
DATE OF ISSUE
EXPIRY DATE
WHEREAS. The BENEFICIARY herein desires to receive of the MT 103/202 as described
herein from the SENDER. BENEFICIARY confirms with full corporate and legal
responsibility that funds available to fulfill the requirements for the purchase of this
instrument is ready and BENEFICIARY further confirm to cooperate with the SENDER.
WHEREAS. The Provider desires to transfer and assign all rights title and interest of the
MT 103/202 described herein available to the BENEFICIARY. SENDER represents and
warrants that it has the ability and resource to arrange through associates, contracts and
sources, with full corporate responsibility, financial instrument in the term of
assignments to be provided to BENEFICIARY.
SENDER hereby declares under penalty of perjury that the MT 103/202 will be backed by
funds that are good, clean, clear, and free of non-criminal origin, will be free and clear of
all liens, encumbrances and third party interests.
NOW THEREFORE, the Party B/The BENEFICIARY has agreed to receive the MT 103/202 at
certain cost and the SENDER has agreed to issue/deliver said MT 103/202 based on the
following terms and conditions:
DESCRIPTION OF INSTRUMENTS:
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
INSTRUMENT MT103/202
ISSUING BANK xxx BANK
TERM xx YEAR and ONE DAY
INTEREST RATE xxx PERCENT
CONTRACT AMOUNT US $ xx,000,000,00
FIRST TRANCHES US $ xx,000,000.00
SECOND TRANCHE US $ xx,000,000.00
THIRD TRANCHE US $ xx,000,000.00
UNDERTAKING ISSUED SENDER’S SIDE : xx %
BENEFICIARY’S SIDE : xx %
ELECTRONIC SWIFT WIRE PAYMENT
MODE OF PAYMENT SWIFT MT103
MODE OF DELIVERY SWIFT MT103/202
TRANSACTION PROCEDURE:
1. BENEFICIARY submits this Agreement with full banking coordinates, CIS, passport,
and FPA Party A/The PROVIDER; completes due diligence within 2 days. Once due
diligence is complete, Party A/The SENDER; countersigns the Agreement and sends
it to Party B/The BENEFICIARY; Both parties execute, sign and initiate the
Agreement, which thereby automatically becomes a full commercial recourse
contract.
2. Party A/The SENDER; confirm Contract and instruct his Banker to send Bank to Bank
RWA Letter to the BENEFICIARY banker by E-Mail; And a courtesy copy of the Email
to be sent to Party B/The BENEFICIARY .
3. Upon confirmation of the RWA Letter; Party B/The BENEFICIARY to instruct his Bank
to issue a CONDITIONAL Payment Guarantee via either SWIFT MT103/72 for the fee
of xx% with the below Verbiage as per (ANNEX A) on Page 6 of this DOA contract; And
a courtesy copy of the Swift MT103/72 CONDITIONAL Payment Guarantee COPY to
be sent to the Party A /The SENDER for confirmation.
4. Upon acknowledgement of either the MT103/72 Conditional Payment Guarantee;
Party A/The SENDER; will issue and deliver an MT 103/202 to the BENEFICIARY’S
Bank in favor of Party B/The BENEFICIARY.
5. Once the MT 103/202 is fully authenticated and confirmed by the BENEFICIARY Bank
within 48 hours (depend On Bank or Conditional); Payment of SENDER : xx %,
BENEFICIARY : xx%, SENDER AGENT (Part 1) : xx%, BENEFICIARY AGENT :
xx% shall effected by Party B/The BENEFICIARY’S Bank to Party A/The SENDER
designated bank account for xx% and xx% shall also be sent to all
consultants/intermediary brokers accounts on both SENDER's and BENEFICIARY’s
as stated in the FPA.
NON-SOLICITATION:
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
The BENEFICIARY hereby confirms and declares that the Provider, its associates or
representatives or any person or persons on its behalf has/have never ever solicited the
BENEFICIARY, its shareholders or associates or representatives in any way whatsoever that
can be construed as a solicitation for this transaction or for future transactions.
FORCE MAJEURE:
Any delay in or failure of performance by either party of their respective obligations under
this agreement they shall pay 1% as penalty.
Any delay in or failure of performance by either party of their respective obligations under
this agreement shall not constitute a breach hereunder or give rise to any claims for damages
if, and to the extent that such delays or failures in performance are caused by events or
circumstance beyond the control of such party.
The term “Beyond the Control of Such Party “Include Lawful order of Government or
Authority, Act of War, Rebellion or Sabotage, Fire, Flood, Earthquake or other natural
disasters.
Any other cause not within the control of such party or which is by exercise of reasonable
diligence, the party will be unable to foresee or prevent or remedy.
ARBITRATION:
All disputes and questions whatsoever which arises between the parties to this agreement
and touching on this agreement on the construction or application thereof or any account cost,
liability to be made hereunder or as to any act or way relating to this agreement shall be
settled by the arbitration in accordance with the arbitration laws of the ICC.
This agreement contains the entire agreement and understanding concerning the subject
matter hereof and supersedes and replaces all prior negotiations and proposed agreements,
written or oral. Neither of the parties may alter, amend, nor modify this agreement, except by
an instrument in writing signed by both parties.
This agreement will be governed by and construed in accordance with the laws of United
Kingdom. In the event that either party shall be required to bring any legal actions against the
other it enforce any of the terms of this agreement the prevailing party shall be entitles to
recover reasonably attorney fees and costs.
Any unauthorized calls by any party or its representative lawyers to probes or communication
in an improper way to bank(s) in this transaction shall be prohibited and contract terminated.
Any other terms and conditions, which do not mentioned herein, shall be governed by ICC600
publication, latest edition.
The Provider and Beneficiary agree to the following banking co-ordinates pertaining to the
agreement herein above stated:
BENEFICIARY’S BANKING COORDINATES
TO RECEIVE MT 103/202 AND TO RELEASE PAYMENT VIA MT 103.
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
1. Bank name
2. Bank address
3. Account name
4. Account signatory
5. IDR curranvy A/C number
6. IBAN
7. SWIFT Code
8. Relationship officer name
9. Bank tel number
10. Mobile tel officer number
11. Bank email address
PROVIDER’S BANK TO ISSUE INSTRUMENT - SWIFT MT 103/202.
1. Bank name
2. Bank address
3. Account name
4. Account signatory
5. A/C number
6. IBAN
7. SWIFT Code
8. Relationship officer name
9. Bank tel number
10. Mobile tel officer number
11. Bank email address
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
PROVIDER’S BANK TO RECEIVE xx% FV PAYMENT.
PROVIDER HAS THE RIGHT TO CHANGE THIS BANK ACCOUNT AFTER FINAL
CONFIRMATION:
1. BANK NAME
2. BANK ADDRESS
3. SORT CODE
4. ACCOUN NAME
5. ACC NAME
6. ACC SIGNATORY
7. BIC/SWIFT CODE
8. IBAN
9. BANK OFFICER NAME
10. TELEPHONE BANK
11. FAX
12. EMAIL ADDRESS
PROVIDER’S DETAILS TO RECEIVE CONDITIONAL PAYMENT VIA EITHER THE MT 103/72
SWIFT.
1. BANK NAME
2. BANK ADDRESS
3. SORT CODE
4. ACCOUN NAME
5. ACC NAME
6. ACC SIGNATORY
7. BIC/SWIFT CODE
8. IBAN
9. BANK OFFICER NAME
10. TELEPHONE BANK
11. FAX
12. EMAIL ADDRESS
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
ANNEX –A—:
CONDITIONAL PAYMENT GUARANTEE BY MT 103/72 COORDINATE AND VERBIAGE.
TO:
1. BANK NAME
2. BANK ADDRESS
3. SORT CODE
4. ACCOUN NAME
5. ACC NAME
6. ACC SIGNATORY
7. BIC/SWIFT CODE
8. IBAN
9. BANK OFFICER NAME
10. TELEPHONE BANK
11. FAX
12. EMAIL ADDRESS
TRANSACTION CODE: DEUTS/103/500M/2016.
We, Indonesia company with address at xxx INDONESIA on behalf of our client, MR xx, hereby
present our Conditional, Irrevocable, Transferable and Callable cash-backed SWIFT wire
transfer in your favor for the Account of xxx an Account Number: xxx with IBAN No: xx for an
Amount of $ xx. 000,000.00 (xxx millions dolars).
This Conditional Irrevocable SWIFT is a binding payment commitment by us and we hereby
undertake to wire transfer the said amount to you in favor of your client, upon complete
execution of the delivery of referenced contract with the TRANSACTION CODE:
We hereby confirm that the funds are good, clean and cleared funds of non-criminal origin
and are from a legal source.
This Conditional, Irrevocable, Transferable Callable cash-backed SWIFT wire transfer is valid
for one year from the day of xx 20xx and until the day of xxxxx 20xx.
This is an operative bank instrument and is subject to the Uniform Commercial Code as it
relates to bank credit instruments.
_________________________
BANK OFFICER I.
NAME/TITTLE
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
(ELECTRONIC SIGNATURES OF TWO BANK OFFICERS WITH
NAMES & TITLES)
PROVIDER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE FEES.
VERBIAGE OF THE FINANCIAL INSTRUMENT VIA SWIFT MT 103.
DRAFT TEXT OF SWIFT MT-103
TEXT VALID TO RECEIVE
DRAFT TEXT SWIFT MT 103/202 – NORMAL PRIORITY
SWIFT OUTPUT: MT 103/202- NORMAL PRIORITY
FROM:
1. BANK NAME:
2. BANK ADDRESS:
3. ACCOUNT NAME:
4. ACCOUNT NUMBER:
5. SWIFT CODE:
6. BANK TELEPHONE:
7. BANK OFFICER:
8. DATE OF ISSUE:
9. MATURITY DATE:
10. CURRENCY: dolars $
11. PRINCIPAL AMOUNT: US $ xxx 000,000.00 (xxx MILLION USD).
12. REMITTER:
13. ACCOUNT NO:
TO:
1. BANK NAME:
2. BANK ADDRESS:
3. ACCOUNT NAME:
4. ACCOUNT NUMBER:
5. SWIFT CODE:
6. BANK TELEPHONE:
7. BANK OFFICER:
8. DATE OF ISSUE:
9. MATURITY DATE:
10. CURRENCY: dolars $
11. PRINCIPAL AMOUNT: US $ xxx 000,000.00 (xxx MILLION USD).
12. REMITTER:
13. ACCOUNT NO:
TRANSACTION CODE:
WE ________________ PLC, ADDRESS ___________________, WITH FULL BANKING RESPONSIBILITY
HEREBY PRESENT OUR UNCONDITIONAL, IRREVOCABLE, ASSIGNABLE, TRANSFERABLE AND
CALLABLE CASH BACKED STANDING SWIFT MT 103 WIRE TRANSFER IN FAVOUR OF
xxxxxxxxxcxc WITH ACCOUNT NUMBER: xxxxxxx IN THE AMOUNT OF $ 000,000.00 (xx
MILLION dolars) FOR TRADE INVESTMENT PURPOSES.
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
WE HEREBY CONFIRM THAT THESE FUNDS ARE GOOD, CLEAN AND CLEARED FUNDS OF NON
CRIMINAL ORIGIN ARE FROM A LEGAL SOURCE. THIS IRREVOCABLE SWIFT MT103 WIRE
TRANSFER IS BINDING FULLY PERFORMED DUE BILL AND IMMEDIATELY CALLABLE FOR CASH
PAYMENT, WE CONFIRM THAT THE PAYMENT WILL BE PAID AT MATURITY.
THIS UNCONDITIONAL, IRREVOCABLE, ASSIGNABLE, TRANSFERABLE AND CALLABLE SWIFT
MT 103 WIRE TRANSFER IS VALID FOR SAME DAY PAYMENT, THE DAY OF RECEIPT.
THIS IS AN OPERATIVE INSTRUMENT FOR AND ON BEHALF OF ------------- SUBJECT TO THE
INTERNATIONAL REMITTANCE REGULATIONS AND SUBJECT TO EXTERNAL BANK ACCOUNT
PAYMENT AND IS VALID FOR ONE YEAR AND ONE DAY FROM TRANSMISSION HEREOF.
FOR AND ON BEHALF OF XXXXX:
NAME BANK OFFICER (1) NAME BANK OFFICER (2)
TITLE/ PIN CODE TITLE/ PIN CODE
******************** END OF MESSAGE***************
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
SIGNED FOR AND ON BEHALF OF PARTY“BENEFICIARY” AND PROVIDER’ ON THIS xxth DAY
OF xx 20xx.
FOR AND ON BEHALF OF THE BENEFICIARY:
COMPANY NAME :
COMPANY ADDRESS : xxx INDONESIA
RPRESENTED BY :
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
FOR AND ON BEHALF OF THE PROVIDER:
COMPANY NAME :
COMPANY ADDRESS :
RPRESENTED BY :
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
CLIENT INFORMATION SHEET
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 investing Member, and the nature and origin of the funds that are to be
utilized. All parties have an obligation to respect professional secrecy 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. CLIENT NAME (SIGNATORY)
2. NATIONALITY: INDONESIA
3. PASSPORT NUMBER:
4. PASSPORT ISSUE DATA:
5. DATE AND PLACE OF BIRTH:
6. HOME ADDRESS: INDONESIA
7. BUSINESS NAME:
8. BUSINESS ADDRESS:
9. BUSINESS FAX NUMBER:
10. LEGAL ADVISOR (LAW FIRM):
11. BANK NAME: PT BANK MANDIRI (PERSERO) TBK
12. ADDRESS:
13. ACCOUNT NAME:
14. ACCOUNT SIGNATORY:
15. AED CURRENCY A/C NO.:
16. IBAN:
17. IDR CURRENCY A/C NO.:
18. IBAN:
19. SWIFT CODE:
20. RELATIONSHIP OFFICER:
21. TEL. NO.:
22. MOBILE:
23. E-MAIL:
24. BANK WEBSITE:
25. BRIEF OVERVIEW
MR. …., AS ACTIVITY, WORKING IN ……., ETC. IT IS AGREED THAT FACSIMILE COPIES OF THIS
CLIENT INFORMATION SHEET, OR ANY OTHER ASSOCIATED DOCUMENTS TO THIS
TRANSACTION, ARE AS VALID AND LEGAL AS DELIVERED ORIGINALS.
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
I HEREBY SWEAR, UNDER PENALTY OF PERJURY, THE INFORMATION GIVEN ABOVE IS
ACCURATE AND TRUE.
FOR AND ON BEHALF OF THE BENEFICIARY:
COMPANY NAME :
COMPANY ADDRESS : xxx INDONESIA
RPRESENTED BY :
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
FOR AND ON BEHALF OF THE PROVIDER:
COMPANY NAME :
COMPANY ADDRESS :
RPRESENTED BY :
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
FEE PROTECTION AGREEMENT:
The Beneficiary guarantees to unconditionally pay all parties listed in the FPA the xx% and
xx% commission fee by wire transfer simultaneously. The Agent/Referral fees will be free of
legal impediment and free of any deductions, adding bank transfer fees, for this and all
subsequent transactions between the parties.
The parties hereto affirm that in every case they will act with the highest standards of ethics
and honesty in all their dealings.
This agreement shall be respected and honored at all times, unless otherwise mutually agreed
upon and any party will permit no attempt or hint of circumvention. Each of the above parties
agrees and understands that any overt or covert action of circumvention prescribed by this
agreement shall be a fraudulent act against the other. THE PROVIDER and THE BENEFICIARY
will be subject to judicial action, recompense for damages, possible punitive damages and
injunctive relief imposed by the legal process.
Both parties hereby agree that the disbursement of funds will be distributed as follows:
THE TOTAL COMMISSION OF xxx PERCENT (xx%) FV TO THE CONSULTANTS/INTERMEDIARY
BROKERS. COMMISSION OF xx PERCENT (xx%) FV PAYMASTER #. A FOR xx% FV OF
INSTRUMENT FOR EVERY TRANCHE:
CONDITIONAL PAYMENT GUARANTEE BY MT 103/72 COORDINATE AND VERBIAGE.
1. BANK NAME
2. BANK ADDRESS
3. SWIFT COD
4. IBAN
5. ACCOUNT NAME
6. ACCOUNT NO.
7. SORT CODE
TRANSACTION CODE:
We; xxxx with address at xxx INDONESIA on behalf of our client, Mr xxxx ; hereby present our
Conditional, Irrevocable, Transferable and Callable cash-backed SWIFT wire transfer in your
favor for the Account of xxx an Account Number: xxx with IBAN No: xxx for an Amount of $
xx,000,000.00 (xxx MILLION DOLARS).
This Conditional Irrevocable SWIFT is a binding payment commitment by us and we hereby
undertake to wire transfer the said amount to you in favor of your client, upon complete
execution of the delivery of referenced contract with the TRANSACTION CODE:
We hereby confirm that the funds are good, clean and cleared funds of non-criminal origin and
are from a legal source.
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
This Conditional, Irrevocable, Transferable Callable cash-backed SWIFT wire transfer is valid
for one year from the day of March 2017 and until the day of March 2018.
SPECIAL INSTRUCTIONS :
PREADVISE MUST BE SENT VIA SWIFT TO,
1. Beneficiary prior to wire transfer of Funds with copy of notification by email to Immediatly,
Upon, Transfer/Payment Settlement of each and every tranche Under the Applicable
transaction codes As per contract
REQUIRED INSTRUCTIONS,
1. Same day transfer and immadiate credit Remitter/Client is known yo us and in Good standing
this transfer is done with Full baank responsibility and our Complience has cleared/chevked
the sourve of the funds and it complies fully with anti money loundring rules and regullation
TRANSACTION CODE:
We; xxx with address at xxx, INDONESIA on behalf of our client, MR. xxx; hereby present our
Conditional, Irrevocable, Transferable and Callable cash-backed SWIFT wire transfer in your
favor for the Account of S xxxx an Account Number: xxx with IBAN No: xx for an Amount of $
00,000,000.00 (xxx MILLION DOLARS).
This Conditional Irrevocable SWIFT is a binding payment commitment by us and we hereby
undertake to wire transfer the said amount to you in favor of your client, upon complete
execution of the delivery of referenced contract with the TRANSACTION CODE:
We hereby confirm that the funds are good, clean and cleared funds of non-criminal origin and
are from a legal source.
This Conditional, Irrevocable, Transferable Callable cash-backed SWIFT wire transfer is valid
for one year from the day of March 2017 and until the day of xxx.
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
This Financial Transaction Memorandum of Understanding (MOU) & Undertaking, otherwise
the Agreement shall be construed in accordance with the rules and regulations set forth and
shall be governed by the International Chamber of Commerce (ICC) Publication 500/600
latest revision.
The Courts of competent having jurisdiction with caution in English Language shall adjudicate
for matters relating to this Agreement in the event of breach by either party.
This Letter is valid and operative upon signed.
Sincerely,
FOR AND ON BEHALF OF THE BENEFICIARY:
COMPANY NAME :
COMPANY ADDRESS : xxx INDONESIA
RPRESENTED BY :
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
PROVIDER’S PP COPY
FOR AND ON BEHALF OF THE PROVIDER:
COMPANY NAME :.
COMPANY ADDRESS :
REPRESENTED BY :
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
FOR AND ON BEHALF OF THE BENEFICIARY:
BENEFICIARY’S INITIAL PROVIDER’S INITIAL
COMPANY NAME :
COMPANY ADDRESS : INDONESIA
RPRESENTED BY : MR
PASSPORT NUMBER :
DATE OF ISSUE :
DATE OF EXPIRY :
BENEFICIARY’S INITIAL PROVIDER’S INITIAL