Deed of Agreement (Doa) : Transaction Code: Sender'S Code: Receiver'S Code
Deed of Agreement (Doa) : Transaction Code: Sender'S Code: Receiver'S Code
Deed of Agreement (Doa) : Transaction Code: Sender'S Code: Receiver'S Code
SENDER'S CODE:
RECEIVER'S CODE:
Client Name:
Type: (BG/SBLC)
Face Value:
Tranche Schedule:
SENDER’S INFORMATION
Company Name :
Company Address :
:
Represented by :
Title :
Company Reg. No :
Country :
Passport No :
Nationality :
Telephone Number :
Direct Email :
RECEIVER’S INFORMATION
Company Name :
Company Address :
Represented by :
Company Reg. No :
Country :
Passport No :
Nationality :
Telephone Number :
Direct Email :
WHEREAS. The RECEIVER desires to secure BG/SBLC from the SENDER. RECEIVER confirms with full
corporate and legal responsibility that funds are available to fulfill the requirements for securing of this
instrument and are ready and RECEIVER further confirms to co-operate with the SENDER.
WHEREAS. The SENDER desires to issue, transfer and assign all rights title and interest of the BG/SBLC
available to the RECEIVER. SENDER represents and warrants that it has the ability and resources to arrange
through associates, contacts and sources, with full corporate responsibility, financial instruments per the
terms of assignments to be provided to RECEIVER. SENDER hereby declares under penalty of perjury that
the SBLC will be backed by funds that are good, clean, clear, and free of non criminal origin, the SBLC will be
free and clear of all liens, encumbrances and third party interests.
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
NOW THEREFORE, the RECEIVER has agreed to secure the SBLC at total of 6% of Face Value for the
instruments requested and SENDER has agreed to issue SBLC and both Parties hereby agree to the following:
• Lessor and Lessee execute, sign and initial this Deed of Agreement, which thereby
automatically becomes a full commercial recourse contract to be lodged by both parties for
initiation of the pending transaction with their bank.
• Within two (2) banking days after both parties sign the Agreement, Lessor will issue a signed
and sealed Invoice and a Corporate Refund Recourse Undertaking to the Lessee guarantying to
refund to the Lessee all cost incurred by Lessee as the commitment, transmission / administrative
charges for the transmission of Pre-Advice via Swift MT799 or SBLC by Swift MT760 or both after
two execution of the contract and in case of failure on the Lessor's side the signed and sealed
Corporate Refund Recourse Undertaking guarantees that the Lessor refunds completely the
• Within two (2) banking days after the Lessee Receives contract documents including the
invoice and refund Undertaking from the Lessor, the Lessee will make payment by direct wire
transfer into the Lessor's provided bank coordinates for the commitment charges the bank
appointment administrative fees in the amount of USD /EUR20,000.00.
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
• Within two (2) banking days of Lessor’s receipt of the USD/EUR 20,000.00, Lessor shall
deliver to Lessee a bank Reference/tag number confirming the appointment date and time to meet
at the issuing bank to commence the transaction for the issue of the MT799 pre-Advise (per
Appendix “A” attached) within one (1) banking day from the date of the bank meeting, followed by
the MT760 (Per Appendix “C” attached) upon its answer (per Appendix “B” attached) by the
Lessee’s designated receiving bank. Lessee may verify with issuing bank by direct main phone of
Issuing bank the Reference number, the meeting schedule and the Transaction Number.
• Lessee shall pay the balance of the bank transmission / administrative charges the bank
transmission / administrative fees for the Pre-Advice via Swift MT799 or SBLC by Swift MT760 or
both as the case maybe in the amount of USD/EUR 80,000.00 at point of closing in the Issuing bank
along with the signing of the endorsement, legalization and stamping of the executed DOA for the
immediate release of the SWIFT MT799 followed by MT760.
• NOTE: Lessee are to bring on the agreed date of the bank meeting the following:
• 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.
Should the Lessee default to pay the leasing fees to the Lessor and the brokers commission fees as
agreed after 21 banking days of confirmation of SBLC in lessee's bank account, Lessor will instruct
the issuing bank to put a claim on the SBLC thereby forcing the Lessee's bankers to return the SBLC
MT760 to the issuing Bank.
NON-SOLICITATION
The RECEIVER hereby confirms and declares that the SENDER, its associates or representatives or
any person or persons on its behalf has/have never ever solicited the RECEIVER, 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 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.
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
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
entitled to recover reasonably attorney fees and costs.
For and On behalf of the Provider For and On behalf of the Receiver
_____________________________ ______________________________
Name: Name:
The SENDER and RECEIVER agree to the following banking co-ordinates pertaining to the
agreement herein above stated:
SENDER BANK CO-ORDINATES TO RECEIVE BANK CHARGES FOR PRE ADVICE FEE
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
Bank Name
Bank Address
Account Holder
SWIFT Code
Account Number
SENDER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE BANK CHARGES OR FEE.
(IT’S OUR BANK REGULATIONS AND PROCEDURE).
“EXHIBIT A”
SAMPLE RWA FROM ISSUING BANK TO RECEIVER’S BANK
(Text may vary in substance but the essential must be maintained)
DATE :
DEAR SIR,
SUBJECT: CONFIRMATION OF READY, WILLING AND ABLE TO ISSUE AND DELIVER AN UNCONDITIONAL FRESH CUT
BANK GUARANTEE (BG) FULLY CASH BACKED WITH A FACE VALUE OF USD/EUR********************** IN
FAVOUR OF *****************.
THE BANK GUARANTEE (BG) IS IRREVOCABLE, UNCONDITIONAL, IT IS TRANSFERABLE, ASSIGNABLE, NEGOTIABLE AND
DIVISIBLE, WE FURTHER CONFIRM THAT THE BANK GUARANTEE IS CASH BACKED, FREE AND CLEARED OF
ENCUMBRANCE AND THE CASH IS GOOD, CLEAN AND CLEAR FUNDS ON NON-CRIMINAL ORIGINS. FURTHER, WE
CONFIRM THAT WE WILL DELIVER THE SAID BANK GUARANTEE (BG) VIA SWIFT MT-760 AND SEND THE HARD COPY BY
BANK BONDED COURIER TO THE DESIGNATED BANK CO-ORDINATES BELOW:
BANK NAME :
BANK ADDRESS :
BANK TELEPHONE :
BANK FAX NUMBER :
BANK OFFICER :
SWIFT CODE :
ACCOUNT NUMBER :
ACCOUNT NAME :
THE RWA IS VERIFIABLE AND MAY BE CONFIRMED ON BANK TO BANK BASIS THROUGH OUR SECURED DEPARTMENTAL
***************** ONLY; FOR THE ATTENTION OF ************************** AND ON RECEIPT OF YOUR
CONFIRMATION WE SHALL PROCEED WITH THE SWIFT MT799 AND SUBSEQUENTLY FOLLOWED BY SWIFT MT760
THIS RWA IS ONLY VALID FOR TWO (2) BANKING DAYS.
“EXHIBIT B”
ISSUER BANK - SWIFT MT 799
(Text may vary in substance but the essential undertaking must be maintained)
DATE :
FROM :
BANK NAME :
BANK ADDRESS :
SWIFT BIC :
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
TO
BANK NAME :
ADDRESS :
BANK OFFICER :
ACCOUNT NUMBER :
ACCOUNT NAME :
SWIFT CODE :
BENEFICIARY :
AMOUNT :
CURRENCY : EURO/USD
TRANSACTION CODE :
WE, WE XX<NAME & ADDRESS OF BG /SBLC ISSUING BANK>XX , ISSUING BG/SBLC, HEREBY CONFIRM WITH FULL BANKING
RESPONSIBILITY THAT WE ARE READY TO ISSUE BG/SBLC IN NAME OF BENEFICIARY ************** FOR FACE VALUE
OF EURO/USD 000,000,000.00 (XXXXXXXXXXXX EURO-USD) AND IT SHALL BE TRANSMITTED AND CONFIRMED VIA
SWIFT MT 760 AND THE HARD COPY OF BG/SBLC WILL BE SENT THROUGH BANK BONDED COURIER WITHIN 3 BANKING
DAYS.
THE BG/SBLC IS IRREVOCABLE, UNCONDITIONAL AND IS TRANSFERABLE, ASSIGNABLE, NEGOTIABLE AND DIVISIBLE
SHALL BE HONORED ON MATURITY DATE.
------------------------------------------------------------------MESSAGE TRAILER-------------------------------------------------------------------
____________________________ ____________________________
BANK OFFICER NAME BANK OFFICER NAME
ISSUER BANK ISSUER BANK
DESIGNATION DESIGNATION
OFFICER CODE OFFICER CODE
“EXHIBIT C”
SAMPLE SWIFT MT-760 FROM ISSUING BANK TO RECEIVER BANK
(Text may vary in substance but the essential undertaking must be maintained)
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL / FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TRANSACTION CODE:
BG/SBLC NO:
CURRENCY:
AMOUNT:
ISSUING DATE:
MATURITY DATE:
FOR THE VALUE RECEIVED, WE XX<NAME & ADDRESS OF BG /SBLC ISSUING BANK>XX. HEREBY IRREVOCABLY AND
UNCONDITIONALLY, WITHOUT PROTEST OR NOTIFICATION PROMISE AND GUARANTEE TO PAY ON TIME, IN FULL AND
WITHOUT DELAY, AGAINST THIS BG /SBLC IN FAVOUR OF XX CLIENT’S NAME XXX, THE BEARER OR HOLDER THEREOF, AT
MATURITY THE OF 00,000,000.00 (AMOUNT IN WORD) IN THE LAWFUL CURRENCY OF XXX THE UNITED STATES OF AMERICA
OR EUROPEAN UNION XXX.
SUCH PAYMENT WILL BE UPON PRESENTATION AND SURRENDER OF THIS BG /SBLCAT THE OFFICE OF XX<NAME OF BG /SBLC
ISSUING BANK>XX WITHOUT SETOFF AND FREE AND CLEAR OF ANY DEDUCTIONS, CHARGES, FEE OR WITHHOLDING OF ANY
NATURE NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OF THE ISSUING
OR PAYING BANK OR ANY POLITICAL SUBDIVISION OR AUTHORITY THEREOF OR THEREIN.
THIS BG /SBLC /MTN SHALL BE GOVERNED AND BE CONSTRUED IN ACCORDANCE WITH THE UNIFORM RULES FOR DEMAND
GUARANTEE (URDG), AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE ICC PUBLICATION
#600.
THIS BG /SBLC IS TRANSFERABLE, ASSIGNABLE AND DIVISIBLE WITHOUT PRESENTATION TO US.
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. Principal:
a) Represented By:
b) Nationality:
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
c) Passport Number:
d) Date Of Issue:
e) Date Of Expiration:
f) Date Of Birth:
g) Place Of Birth:
h) SSN/Identity No.:
i) Contact Address:
j) Contact Telephone No.:
k) Add. Telephone No.:
l) Mobile Telephone No.:
m) Facsimile No.:
n) Email:
o) Occupation:
p) Business Name:
q) Business Address:
r) Business Telephone:
s) Business Facsimile:
2. Address For Mail:
4. Legal Counsel:
a) Address:
b) Telephone No.:
c) Facsimile No.:
5. Bank Coordinate-1:
a) Address:
b) Account Name:
c) Account No.:
d) Acct. Signatory Name:
e) Bank Officer:
f) Bank Officer Designation:
g) Bank Officer Telephone:
h) Bank Officer Facsimile:
i) Routing:
j) S.W.I.F.T.:
k) Bank Coordinate-2:
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
l) Address:
m) Account Name:
n) Account No.:
o) Acct. Signatory Name:
p) Bank officer Name:
q) Bank Officer Designation:
r) Bank Officer Facsimile No.:
s) Routing:
t) S.W.I.F.T:
6. Amount of funds/instrument on deposit and available for collateral:
7. Affirmation:
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.
SIGNATORY
Name:
Title:
Passport No
The parties agree that the commission fees stated are compensation for services rendered and are
irrevocably and unconditionally guaranteed to be paid by the RECEIVER to the agents and
intermediaries listed in this FPA by wire transfer simultaneously with the RECEIVER’s payment of 3% of
the face value of the *BG/SBLC* as leasing fee to the SENDER for every tranche and/or transaction of
the *BG/SBLC*. The commission fees will be free of legal impediment and free of any deductions,
excluding bank transfer fees, for this and all subsequent transactions between the parties.
In consideration of the mutual benefits to be derived by the associates or affiliated individuals, agents,
companies, designees, trustees or executors, it is understood and agreed that the parties hereto are
mutually desirous of effecting this business transaction in co-operation with one another for their
mutual benefit and all signatory parties agree to abide by the following terms and conditions:
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
1. Each party agrees that they will not make any contact with, deal with or be involved with
individuals, trader and investor introduced by another signatories without specific permission of
the introduced signatory for the Investor.
2. The signatory agrees to keep confidential the identity of and all contacts so provided by any
other signatories.
3. The parties hereto agree that all commissions or fees as agreed by the parties shall be paid in
full at the end of every transaction.
4. This agreement shall be legally binding on the parties hereto, their principals, employees,
representatives, agents and assigns in all countries of the world.
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 agree and understand that any overt or covert action of circumvention
prescribed by this agreement shall be a fraudulent act against the other party and 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 agents and intermediaries referred to in this FPA shall be as follows:
TOTAL COMMISSION FEE OF 2% (TWO PERCENT) OF FACE VALUE IN EURO/USD PAID BY THE RECEIVER
TO BE SHARED EQUALLY AS FOLLOW:
TOTAL COMMISSION OF ONE [1%] TO RECEIVER'S SIDE
PARTICULARS PAYMASTER 1
Name
Law Firm Address
Law Firm Telephone #
Law Firm Facsimile #
E-mail
Bank Name
Bank Address
ABA Routing Number
Account Number
Account Name
SWIFT
Bank Officer
Bank Telephone
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
Beneficiary:
Special Instructions:
ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND
Required Message: CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY PAYABLE
IN CASH”
Special Instructions:
ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND
Required Message: CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY PAYABLE
IN CASH”
This Fee Protection Agreement has been agreed and executed by the undersigned on this date of ,
2018
Name:
Passport #:
TRANSACTION CODE:
SENDER'S CODE:
RECEIVER'S CODE:
Nationality:
Issue date:
Expiry date:
Name:
Passport #:
Nationality:
Issue date:
Expiry date: