DOA FOR COUNTRIES FDI INVESTMENT (1) .PDFTTT
DOA FOR COUNTRIES FDI INVESTMENT (1) .PDFTTT
DOA FOR COUNTRIES FDI INVESTMENT (1) .PDFTTT
:AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
Feb 6, 2023
BETWEEN
OPERATIVE ADDRESS 4TH FLOOR, 299QRC, NOS. 287-299, QUEEN’S ROAD CENTRAL HONG KONG S.A.R.
AND
COMPANY REG. NO
DATE OF INCORPORATION
INCORPORATED IN
OPERATIVE ADDRESS
BOARD OF DIRECTORS
PASSPORT NO OF REP.
ISSUE DATE
EXPIRY DATE
NATIONALITY
Page 1 of 13
SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
NOW, AND THEREFORE, IN CONSIDERATION OF THE PARTIES MUTUAL PROMISES MADE HEREIN, AND FOR SAKE OF GOOD
ORDER THE PARTIES HEREBY ACKNOWLEDGE AND CONFIRM THIS AGREEMENT IS A LEGALLY BINDING AND ENFORCEABLE
AGREEMENT AS PER THE FOLLOWING TERMS AND CONDITIONS:
DESCRIPTION OF TRANSACTION:
SENDER ASSIGNS VIA SWIFT GPI MT103 SEMI AUTOMATIC MANUAL DOWNLOAD WITH
UETR CODE THE AGREED AMOUNT AND TRANCHES TO THE PURPOSE ACCOUNT IN
THEIR NAME IN THE NOMINATED BANK AND SENDS SLIP WITH THE AMOUNTS THE
TRANSACTION
BANKER
TRANSFER OUT OF THE ACCOUNT AS SOON AS FUNDS HAVE BEEN DOWNLOADED AS PER
THE PROCEDURES HEREIN
AGREEMENT AMOUNT 80 BILLION EUROS
FIRST TEST TRIAL TRANCHE
5 BILLION EURO
CURRENCIES EURO
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
BANK NAME
BANK ADDRESS
SWIFT CODE
ACCOUNT NAME
ACCOUNT NUMBER
IBAN CODE
GLOBAL SERVER ID
GLOBAL SERVER IP
IMAD
WTS SERVER
CURRENCIES EUR
FUNDINGINVESTMENTSERVICEAGREEMENT
"Investments".AccordingtothetermthesubjectofthisAgreementistheinvestmentactivityof
theamountinvestments70%(seventy percent) in favor of Mr. Abdulaziz Abdulkhaliq Alghamdi
ziraatbankaccountnumber(IBANTR060001000595758947235002)(SWIFTTCZBTR2A)
andMrYousefyaaqoupal-hammadiaccountnumber(IBANTR4300010005957589527450
03)SWIFT(TCZBTR2A)theInvestorand30%(thirty percent) in favor of the Receiver.
1. PROCEDURES:
1.1 ON RESPECTIVE AND SUCCESSFUL DUE DILIGENCE, THE SENDER, AND THE RECEIVER, SIGN THIS AGREEMENT AND
LODGE COPIES WITH THEIR RESPECTIVE TRANSACTING BANK /BANK OFFICERS FOR EXECUTION.
1.2 THE NOMINATED BANK WILL ESTABLISH A PURPOSE ACCOUNT FOR THE SENDER
1.3 RECEIVER ISSUES A BANK ENDORSED PAYMENT/PAYOUT GUARANTEE LETTER IN FAVOUR OF SENDER AND ALL
BENEFICIARIES
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
1.4 THE SENDER WITHIN 24 HOURS OF SIGNING THIS AGREEMENT WILL ASSIGN THE AGREED AMOUNT(S) VIA SWIFT GPI
MT103 SEMI AUTOMATIC MANUAL DOWNLOAD WITH UETR CODE, TO THE NOMINATED RECEIVING BANK TO BE
DOWNLOADED BY THE BANK/BANKER, COPY OF THE SCREENSHOT SHOWING THE ASSIGNED AMOUNT(S) WILL BE
SENT TO THE RECEIVER THROUGH AFRICUNIA INCORPORATED FOR THE RECEIVER’S BANKER TO CONFIRM.
1.5 THE RECEIVING BANK / BANKER OFFICER ON RECEIPT OF SWIFT GPI MT103 SEMI AUTOMATIC MANUAL DOWNLOAD
WITH UETR CODE SCREENSHOT WILL IMMEDIATELY CHECK THE FUNDS ASSIGNED AND IF THE ASSIGNED FUNDS
MEETS THE BANK’S / BANKER’S APPROVAL THE FINAL CODE WILL BE REQUESTED WHICH WILL ALLOW THE
RECEIVING BANK/BANKER TO EXECUTE THE DOWNLOAD.
1.6 THE SENDER WILL SEND THE FINAL DOWNLOAD CODE(S) BY EMAIL DIRECTLY AFRICUNIA INCORPORATED
([email protected]) WHO WITHIN 24 HOURS OF RECEIVING THE FINAL DOWNLOAD CODE(S) WILL MAKE THE
CODE(S) AVAILABLE TO THE RECEIVING BANK/BANK OFFICER WHO WILL THEN SUCCESSFULLY DOWNLOAD THE
FUNDS FROM THE GLOBAL SERVER INTO THE RECEIVER’S PURPOSE ACCOUNT AND IMMEDIATELY PAY THE PARTIES
AS PER THE PAYMENT GUARANTEE DOCUMENT.
CHANGES TO THE ANY OF THE PROCEDURES MUST BE MADE IN WRITING AND SIGNED RESPECTFULLY BY SENDER AND
RECEIVER AS CONFIRMATION AND ACCEPTANCE.
2.1 THE SENDER HEREBY IRREVOCABLY DECLARES AND CONFIRMS UNDER PENALTY AND PERJURY; WITH FULL
CORPORATE AND PERSONAL RESPONSIBILITY; THE OFF LEDGER M1 FUNDS ON ACCOUNT ARE GOOD, CLEAN, CLEARED
FUNDS OF NON-CRIMINAL ORIGIN, ARE FREE AND CLEAR OF ANY LEVY, LIENS, AND ENCUMBRANCES AND ANY THIRD
PARTY INTEREST. THE SAID FUNDS HAVE CLEARANCE FROM THE ECB (EUROPEAN CENTRAL BANK) AND CAN BE
TRANSFERRED TO BONAFIDE RECEIVERS WITHOUT RESTRICTIONS OR LIMITATIONS AS PER THE PROCEDURES
INDICATED HEREIN.
2.2 THE RECEIVER HEREBY IRREVOCABLY DECLARES AND CONFIRMS UNDER PENALTY AND PERJURY; WITH FULL
CORPORATE AND PERSONAL RESPONSIBILITY, THEY ALREADY POSSESS ALL THE REQUIRED BANKING, MONETARY
AND JURISDICTION CENTRAL BANK(S) AUTHORIZATIONS TO RECEIVE THE OFF LEDGER M1 FUNDS INTO THEIR
ACCOUNT.
2.3 THE RECEIVER FURTHER HAS ALL THE NECESSARY REQUIRED BANKING, MONETARY AND JURISDICTION CENTRAL
BANK(S) AUTHORITY TO INVEST THE FUNDS AS PER THE INSTRUCTIONS HEREIN WITH M0 COMMERCIAL ON LEDGER
FUNDS THAT ARE FREE AND CLEAR OF ANY LEVY, LIENS, AND ENCUMBRANCES AND ANY THIRD PARTY INTEREST,
WHICH CAN BE USED WITHOUT RESTRICTIONS OR LIMITATIONS IN ANY JURISDICTION.
2.4 THE PARTIES HEREBY ACKNOWLEDGE AND DECLARE THEY WILL NOT CONTACT THE OTHER PARTY’S BANK WITHOUT
EXPRESSED WRITTEN PERMISSION. ANY PARTY ATTEMPTING TO DO SO WILL LEAD TO CANCELLATION OF ALL
RELEVANT AND RELATED AGREEMENTS AND CONTRACTS.
COMMUNICATION ACKNOWLEDGMENT
BOTH PARTIES AGREE THIS IS A SERVER TO SERVER SCREEN TRANSACTION, THERE WILL BE NO CONTACT BETWEEN BANK
OFFICERS, INCLUDING NO FAXES, NO LETTERS NO EMAILS NO TELEPHONE CALLS AND NO SWIFTS IN THIS TRANSACTION.
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 BEEN SOLICITED BY ANY PARTY, ITS SHAREHOLDERS OR
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
ASSOCIATES OR REPRESENTATIVES IN ANY WAY WHATSOEVER THAT CAN BE CONSTRUED AS A SOLICITATION FOR THIS
TRANSACTION OR FOR FUTURE TRANSACTIONS.
ANY DELAY IN OR FAILURE OF PERFORMANCE BY EITHER PARTY OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS
AGREEMENT SHALL CONSTITUTE A BREACH HEREUNDER AND WILL GIVE RISE TO CLAIMS FOR DAMAGES IF, AND TO THE
EXTENT THAT SUCH DELAYS OR FAILURES IN PERFORMANCE ARE NOT CAUSED BY EVENTS OR CIRCUMSTANCE BEYOND
THE CONTROL OF SUCH PARTY.
THE TERM “BEYOND THE CONTROL OF SUCH PARTY” INCLUDES ACT OF WAR, REBELLION, FIRE, AND 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.
NO CONFLICT:
THE EXECUTION AND DELIVERY OF THIS AGREEMENT BY IT AND THE CONSUMMATION OF THE TRANSACTIONS
CONTEMPLATED HEREBY BY IT DO NOT CONFLICT WITH OR CONTRAVENE THE PROVISIONS OF ITS ORGANIZATIONAL
DOCUMENTS OR ANY AGREEMENT OR INSTRUMENT BY WHICH IT OR ITS PROPERTIES OR ASSETS ARE BOUND OR ANY LAW,
RULE, REGULATION, ORDER OR DECREE TO WHICH IT OR ITS PROPERTIES OR ASSETS ARE SUBJECT.
RECEIVER:
IT HAS BEEN AFFORDED THE OPPORTUNITY TO SEEK AND RELY UPON THE ADVICE OF ITS OWN ATTORNEY, ACCOUNTANT,
OR OTHER PROFESSIONAL ADVISOR IN CONNECTION WITH THE EXECUTION OF THIS AGREEMENT. THE PARTIES SHALL DO
SO IN RESPECT OF EACH OTHER AND UNDER THIS AGREEMENT WRITTEN CONDITIONS.
MISCELLANEOUS NOTICE(S):
ANY MODIFICATIONS, AMENDMENTS, ADDENDUMS OR FOLLOW ON CONTRACTS WILL BE EXECUTED BY THE TWO
AUTHORIZED SIGNATORIES RESPECTIVELY. WHEN SIGNED AND REFERENCED TO THIS AGREEMENT, WHETHER RECEIVED
BY MAIL OR FACSIMILE TRANSMISSION AS ALL AND ANY FACSIMILE OR PHOTOCOPIES CERTIFIED AS TRUE COPIES OF THE
ORIGINALS BY THE PARTIES HERETO SHALL BE CONSIDERED AS AN ORIGINAL, BOTH LEGALLY BINDING AND ENFORCEABLE
FOR THE TERM OF THIS AGREEMENT.
SEVERABILITY:
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
IF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD OR DEEMED BY A FINAL ORDER OF A COMPETENT AUTHORITY TO
BE INVALID, INOPERATIVE OR UNENFORCEABLE, SUCH CIRCUMSTANCE SHALL NOT HAVE THE EFFECT OF RENDERING ANY
OTHER PROVISION OR PROVISIONS HEREIN, THEREFORE TO BE CONSIDERED INVALID, INOPERATIVE OR UNENFORCEABLE,
BUT THIS AGREEMENT SHALL BE CONSTRUED AS, IF SUCH INVALID, INOPERATIVE OR UNENFORCEABLE PROVISION HAD
NEVER BEEN CONTAINED HEREIN SO AS TO GIVE FULL FORCE AND EFFECT TO THE REMAINING SUCH TERMS AND
PROVISIONS.
COUNTERPARTS:
THIS AGREEMENT MAY BE EXECUTED IN ONE OR MORE COUNTERPARTS, ALL OF WHICH SHALL BE CONSIDERED ONE AND
THE SAME AGREEMENT AND SHALL BECOME EFFECTIVE WHEN ONE OR MORE SUCH COUNTERPARTS HAVE BEEN SIGNED
BY
EACH OF THE PARTIES AND DELIVERED TO EACH OF THE PARTIES. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UK. THE PARTIES HERETO HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND
FOR ANY COUNTERCLAIM THEREIN.
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 IN ORDER TO ENFORCE ANY OF THE
TERMS OF THIS AGREEMENT THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEY FEES
AND COSTS.
EVERY ATTEMPT SHALL BE MADE TO RESOLVE DISPUTES ARISING FROM UNINTENDED OR INADVERTENT VIOLATION OF
THIS CONTRACTUAL AGREEMENT AS FAR AS POSSIBLE AMICABLY. IN THE EVENT THAT ADJUDICATION IS REQUIRED LOCAL
LEGAL PROCESS SHALL BE PRECEDED WITH ACCORDING TO THE PRINCIPAL OF THE ICC AS ABOVE INDICATED. WHERE
JUDICIAL RESOLUTION IS NOT THEREBY ACHIEVED, THIS MATTER SHALL BE SETTLED BY THE ICC ITSELF AND THE
DECISION OF WHICH THE PARTIES SHALL CONSIDER TO BE FINAL AND BINDING. NO STATE COURT OF ANY NATION SHALL
HAVE SUBJECT MATTER JURISDICTION OVER MATTERS ARISING UNDER THIS AGREEMENT.
II. NO OTHER PERSON WHATSOEVER SHALL HAVE ANY RIGHTS, INTEREST, OR CLAIMS HEREUNDER OR BE ENTITLED
TO ANY BENEFITS UNDER OR ON ACCOUNT OF THIS AGREEMENT AS A THIRD-PARTY BENEFICIARY OR OTHERWISE.
SURVIVAL:
THE COVENANTS CONTAINED IN THIS AGREEMENT WHICH, BY THEIR TERMS, REQUIRE PERFORMANCE AFTER THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT SHALL BE ENFORCEABLE NOTWITHSTANDING THE EXPIRATION OR
OTHER TERMINATION OF THIS AGREEMENT.
CURRENCY:
ANY EXCHANGE OF FUNDS BETWEEN THE SENDER AND THE RECEIVER SHALL BE MADE IN THE SAME CURRENCY IN WHICH
THE SENDER TRANSFERRED THE INVESTMENT FUND. IN ADDITION, ALL CALCULATIONS PURSUANT TO THIS AGREEMENT
AND ANY JOINT VENTURE AGREEMENT SHALL BE BASED ON ICC REGULATIONS.
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
IN WITNESS OF THE FOREGOING, BOTH PARTIES HAVE DULY EXECUTED THIS AGREEMENT THROUGH THEIR DULY
AUTHORIZED SIGNATORIES UNDER SEAL. THIS AGREEMENT SHALL BE EFFECTIVE COMMENCING UPON EXECUTION OF
SAME HEREIN AND SHALL BE ENFORCED IMMEDIATELY WITH EFFECT ON DATE OF SIGNING.
READ, ACKNOWLEDGED, AND SIGNED WITHOUT CHANGE BY THE RESPECTIVE PARTIES ON JANUARY 23, 2023:
SENDER:
PROGRESS INCORPORATED
COMPANY NAME:
LIMITED
REPRESENTED BY: Rade Manojlovic
PASSPORT NUMBER: 554169762
COUNTRY OF ISSUE: USA
DATE OF ISSUE: 30-Nov-2016
DATE OF EXPIRY: 29-Nov-2026
SIGNATURE:
RECEIVER:
COMPANY NAME:
REPRESENTED BY:
PASSPORT NUMBER:
COUNTRY OF ISSUE:
DATE OF ISSUE:
DATE OF EXPIRY:
SIGNATURE:
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
ANNEX A
TRANCHE SCHEDULE
* RECEIVER TO ADVISE THEIR PREFERRED TRANCHE SCHEDULE ACCORDING TO RECEIVING BANK’S CAPACITY
ANNEX B
DOCUMENTATION
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
*******************END OF DOCUMENT********************
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SENDER INITIALS RECEIVER INITIALS
AGREEMENT NO. :AFC-PIL-6022023
TRANSACTION CODE: AFC-PIL-6022023
DATE: feb 6, 2023
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SENDER INITIALS RECEIVER INITIALS