FINALISED 3.333 BILLION EURO CASH TRANSFER VIA MT103202
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Transcript of FINALISED 3.333 BILLION EURO CASH TRANSFER VIA MT103202
Page 1 of 17
TRANSACTION CODE/ 4DIRECTION/820M//A50120555
This agreement is made and entered into this day DEC 24, 2016, by and between the parties
described below agreed to committed transfer hard cash 3.3333 BILLION EURO against 200 MILLION
EURO MT760 provided by PANGIRAN BUDI SERVICE SDN BHD: THE PROVIDER
Corporate Name EARTHPORT PLC
Mailing Address 65 HALLIWICK ROAD,LONDON N10 1AA, UK
Represented By Mr. Guttinger Ronald Heinz
Designation Director
Passport No. F2074504
Nationality Switzerland
Date of issue 06.09.2010
Expiry Date 05.09.2020
THE RECEIVER RECEIVER’S INFORMATION
COMPANY NAME : .PANGIRAN BUDI SERVICE SDN BHD
COMPANY ADDRESS : 12A/1 AS ATTACHED BELOW
COMPANY REG. NO : 1041626-M
REPRESENTED BY (TITLE) : SIR DR IR FEROZ
NATIONALITY : MALAYSIA
PASSPORT NUMBER : A 37958048
DATE OF ISSUE : 09 MAY 2016
DATE OF EXPIRY : 09 MAY 2021
PLACE OF ISSUE (COUNTRY) : MALAYSIA
WHEREAS. The Receiver herein desires to receive of the MT 103/202 as described herein from
the Provider. Receiver confirms with full corporate and legal responsibility that funds available
to fulfill the requirements for the purchase of this instrument is ready and Receiver further
confirm to cooperate with the Provider.
WHEREAS. The Provider desires to transfer and assign all rights title and interest of the MT
103/202 described herein available to the Receiver. Provider 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
Receiver. Provider hereby declares under penalty of perjury that the MT 103/202 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 has agreed to receive the MT 103/202 at certain cost and the
Provider has agreed to issue/deliver said MT 103/202 based on the following terms and conditions:
Page 2 of 17
DESCRIPTION OF INSTRUMENTS:
INSTRUMENTS : MT 103 /202
ISSUING BANK : HSBC LONDON
TERM : ONE (1) YEAR AND ONE DAY.
INTEREST RATE : ZERO PERCENT
CONTRACT AMOUNT : EUR 3333300000.00 (3.3333billion EUR)
TRANCHES : EUR 3333300000.00 (3.3333billion EUR)
UNDERTAKING ISSUED :6% OF FULL FACE ISSUED BY PARTY B
RATIO : 4%(CONSULT.,INTERMEDIARY SENDER SIDE & RECEIVER SIDE )
MODE OF PAYMENT : ELECTRONIC, SWIFT WIRE PAYMENT
MODE OF DELIVERY : SWIFT MT 103 /202
TRANSACTION PROCEDURE:
1. Receiver submits this Agreement with full banking coordinates, CIS, passport, and
FPA Party A completes due diligence within 2 days. Once due diligence is complete,
Party A countersigns the Agreement and sends it to Party B. Both parties execute,
sign and initiate the Agreement, which thereby automatically becomes a full
commercial recourse contract.
2. Party A confirm Contract and instruct his Banker to send Bank RWA text Email to
receiving bank and a copy to receiver.
3. Party B receives the Bank RWA text email and instruct his bank to issue MT760
payment for the fee of 6% with the below Verbiage without any changes OR PAY
TRANSMISSION CHARGE OF 50,000 POUNDS .
4. Upon acknowlegement of MT760 payment,Party A will issue and deliver a MT
103/202 to the Beneficiary’s Bank in favor of Party B via SWIFT MT103.
5.Once the MT 103/202 is fully authenticated and confirmed by the Beneficiary Bank
within 48 hours, Payment of 6% shall effected by Party B’s Bank to Party A’s
designated bank account and 4% shall be sent to all consultants on both sender and
receiver’s as stated in the FPA.
Should Receiver default to pay the invoice fees to the Provider and the brokers commission
fees as agreed after 7 banking days of confirmation of the Bank Instrument in Receiver's bank
account, Provider will instruct the issuing bank to put a claim on the Bank Instrument thereby
forcing the Receiver's bankers to return/void the Bank Instrument to the issuing Bank.
Page 3 of 17
NON-SOLICITATION The Receiver 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 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 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 Receiver agree to the following banking co-ordinates pertaining to the agreement
herein above stated:
Page 4 of 17
RECEIVER’S BANKING COORDINATES TO RECEIVE MT 103/202 AMOUNT 50%
BANK NAME: STANDARD CHARTERED BANK HONG KONG
BANK ADDRESS: BASEMENT, SHOP B1 ON G/F AND M/F GOLDEN CROWN COURT
66-7 NATHAN ROAD, TSIM SHA TSUI, KOWLOON, HONG KONG
ACCOUNT NAME: FEROZ BIN MUSA
ACCOUNT :
IBAN 57487970261 (MULTI CURRENCY ACCOUNT)
SWIFT CODE: SCBLHKHHXXX
BANK OFFICER: YIP SIU FAI, KENNY
BANK OFFICER TEL: +852-62348272, 29867671
BANK OFFICER FAX: +852-23113506
BANK CODE 003
BANK OFFICER EMAIL: [email protected]
RECEIVER’S BANKING COORDINATES TO RECEIVE MT 103/202 AMOUNT 40%
BANK NAME: STANDARD CHARTERED BANK HONG KONG
BANK ADDRESS: BASEMENT, SHOP B1 ON G/F AND M/F GOLDEN CROWN COURT
66-7 NATHAN ROAD, TSIM SHA TSUI, KOWLOON, HONG KONG
ACCOUNT NAME: SYAREENA BINTI SHAHBUDDIN
ACCOUNT :
IBAN 57487970331 (MULTI CURRENCY ACCOUNT)
SWIFT CODE: SCBLHKHHXXX
BANK OFFICER: YIP SIU FAI, KENNY
BANK OFFICER TEL: +852-62348272, 29867671
BANK OFFICER FAX: +852-23113506
BANK CODE 003
BANK OFFICER EMAIL: [email protected]
PROVIDER’S BANK TO ISSUE INSTRUMENT - SWIFT MT 103 /202
BANK NAME : HSBC BANK PLC- LONDON
BANK ADDRESS: 8 Canada Square London E14 5HQ
ACCOUNT NAME: Earthport Plc
SWIFT CODE: MIDLGB22
ACC NUMBER (IBAN): 59652786
Bank Code Sort Code 40-02-44
Page 5 of 17
PROVIDER’S BANK TO RECEIVE mt760 PAYMENT AMOUNT 200MILLION EURO
PROVIDER HAS THE RIGHT TO CHANGE THIS BANK ACCOUNT AFTER FINAL CONFIRMATION
PROVIDER’S DETAILS TO RECEIVE PAYMENT VIA MT760 SWIFT
Bank Name CITIBANK ,HONG KONG
Bank Address QUARRY BAY, HONG KONG
Account Name HECTOR MONTAND PERCEVAL-QUON
Account Signature HECTOR MONTAND PERCEVAL-QUON
Account No 0086973609CHPS978
SWIFT CODE: CITIHKAX
Bank Officer Name ALEX H.F.WONG
Bank Officer Phone +852 22348 581
Bank Officer E-mail [email protected]
NAME CHINA LAW OFFICE,2/F DAHSING LIFE BLDG, 99-105 DESVOEUX ROAD, CENTRAL, FINANCE STREET HONGKONG 8
REPRESENTED BY HECTOR MONTAND PERCEVAL-QUON ,SR.PARTNER
PASSPORT NUMBER 530414411 COUNTRY USA
PASSPORT INFORMATION: PASSPORT NO: 530414411
COUNTRY OF ISSUE: USA
ISSUE DATE: 4 MARCH 2015
EXPIRATION DATE: 3 MARCH 2025
DATE OF BIRTH: 5 JUNE 1947
PLACE OF BIRTH: HONG KONG SAR
PASSPORT and certificate COPY RECEIVER OF MT760 BLOCK FUND
Page 6 of 17
Page 7 of 17
PASSPORT COPY CLIENT ISSUING MT760 BLOCK PROVIDER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE
FEES Appendix 1
AFFIRMATION OF MT760 TRANSACTION DATE: 24 DEC 2016 TRANSACTION CODE: -I hereby affirm that I am in complete understanding of the MT760 block of funds SWIFT transaction. -I understand that SERVICE PROVIDER S NOMINATED any bank will send, via SWIFT MT760 message in the amount of €xxxxxx,000,000 (xxxxxxx Million Euros) to my designated account. -I also understand the following: -CLIENTS BANK has agreed to send the MT760 SWIFT MESSAGE . -CLIENTS BANK WILL NOT SEND CASH TO MY BANK ACCOUNT.
-The MT760 BLOCK OF FUNDS is only A GUARANTE AGAINST BANK INSTRUMENT AND ready to fulfil my part.
Page 8 of 17
APPENDIX 2
SWIFT FORMAT
MT 760 CASH BLOCKED FUNDS
(TO BE ISSUED BY MT760 ISSUING BANK - BUYER S BANK)
SWIFT FORMAT (MT760)
--------------------------------------------- MESSAGE TEXT ------------------------------------------
SWIFT OUTPUT: FIN 760 MESSAGE
SENDER SWIFT CODE:
RECEIVER SWIFT CODE:
--------------------------------------------- MESSAGE TEXT ------------------------------------------
SENDER: BANK NAME: CITIBANK, U.S.A. BRANCH: BANK ADDRESS: SWIFT CODE: BANK OFFICER: CODE: TEL: FAX: ACCOUNT NAME: ACCOUNT NUMBER: RECEIVER: BANK NAME: CITIBANK, HONG KONG BANK ADDRESS: 7/F, DORSET HOUSE, QUARRY BAY, HONG KONG ACCOUNT NAME: HECTOR MONTAND PERCEVAL-QUON ACCOUNT NUMBER: 0084973609 SWIFT CODE: CITIHKAX BANK OFFICER: AXEL H.F. WONG
BANK OFFICER EMAIL ADDRESS: [email protected] BANK OFFICER TEL: +852-22348581 BANK OFFICER FACSIMILE: -----------------------------Message Text----------------------------- TRANSACTION CODE:
WE, [XXXXBANKXXXXX], LOCATED AT [XXXXXXXXXX] REPRESENTED BY THE
UNDERSIGNED OFFICERS, FOR AND ON BEHALF OF OUR CLIENT, _______HEREBY CONFIRM
WITH FULL LEGAL AND BANKING RESPONSIBILITY AND LIABILITY THAT WE HOLD ON A
FIXED DEPOSIT ACCOUNT OF OUR CLIENT MR _____WITH ___ PASSPORT NUMBER ___ UNDER
Page 9 of 17
___ ACCOUNT NAME ___ ACCOUNT NUMBER ___ CASH FUNDS ON A FIXED DEPOSIT IN THE
AMOUNT OF EIGHTY MILLION UNITED STATES DOLLARS ($80,000,000 USD).
WE [XXXXXX]HEREBY CONFIRM WITH FULL LEGAL AND BANKING RESPONSIBILITY THAT THE FUNDS ARE GOOD, CLEAN, CLEAR FREE OF ANY LEVY LIENS OR ENCUMBRANCES, FREELY CALLABLE WITHOUT ANY RESTRICTIONS. THE RULE OF FULL DISCLOSURE HAS BEEN ESTABLISHED THAT THE FUNDS WERE LEGALLY OBTAINED FROM NON-CRIMINAL BUSINESS ACTIVITIES. AND ARE FREELY AVAILABLE FOR INVESTMENT PURPOSES AND CAN BE USED TO OBTAIN LINES OF CREDITS ON NON-DEPLETION BASES WITHIN THE ACCOUNT. FURTHERMORE WE [XXXXXXXX], CONFIRM BY VIRTUE OF THIS OPERATIVE INSTRUMENT BY AN AUTHENTICATED SWIFT MT760 AND AS PER INSTRUCTION OF OUR CLIENT/BENEFICIAL OWNER OF THE FUNDS THAT WE HAVE IRREVOCABLY BLOCKED/TITLED RESERVED AND ASSIGNED THE AFOREMENTIONED FIXED TIME DEPOSIT BACKED BY CASH FUNDS IN FAVOUR/ BENEFICIARY OF HECTOR MONTAND PERCEVAL-QUON FOR FURTHER BENEFIT OF ITS CLIENT WITH UNITED STATE DOLLAR ACCOUNT NUMBER .. THIS CONFIRMATION OF IRREVOCABLE BLOCKED/TITLED RESERVED AND ASSIGNED FIXED TIME DEPOSIT CASH FUNDS IS ASSIGNABLE, TRANSFERABLE, DIVISIBLE, AND CAN BE CONFIRMED BY INTERBANK SWIFT SYSTEMS OR ON A BANK TO BANK BASIS. AND WILL RETAIN THE SAME TERMS AND CONDTIONS UPON ANY ASSIGNMENT OR TRANSFER TO ANY NEW BENEFICIARY. WE CONFIRM THAT THESE FUNDS HELD IN OUR CUSTODY ARE NOT PERMITTED TO BE WITHDRAWN MOVED OR TRANSFERRED DURING THE PERIOD FROM ONE YEAR AND ONE MONTH FROM TRANSMISSION. THIS CASH BACKED FIXED TIME DEPOSIT GUARANTEE IS AN OPERATIVE AND AUTHENTICATED INSTRUMENT GOVERNED AND SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES OF DOCUMENTARY CREDITS OF THE INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER 500/600 OR ITS LATEST REVISION AND MAY BE CONFIRMED ON A BANK TO BANK BASIS. FOR AND IN BEHALF OF .. BANK.
BANK OFFICER: BANK OFFICER:
(NAME)
(NAME)
. (TITLE) .
(TITLE)
. (ID CODE) . (ID
CODE)
BANK TELEPHONE:
BANK E -MAIL:
Page 10 of 17
SIGNED FOR AND ON BEHALF OF PARTY“RECEIVER” AND PROVIDER’ ON THIS xxxxxxx The Authorized Signatory: Receiver
DATE SIGN : 24/12/2016 _____________________________ Signature and Stamp/Seal Title: CHIEF FINANCIAL OFFICER Name: SIR DR IR FEROZ MUSA Passport Nr: A 37958048 Issue date: 09 MAY 2016 Expiry date: 09 MAY 2021
Provider:
DATE SIGNED : 24.12.2016
Company Name : EARTHPORT PLC
Company Address : 65 HALLIWICK ROAD,LONDON N10 1AA, UK Represented by : MR GUTTINGER RONALD HEINZ
Passport Number : F2074504 Date of Issue : 06.09.2010
Page 11 of 17
CLIENT INFORMATION SHEET Date: 24/12/2016 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.
COMPANY
Name of Corporation PANGIRAN BUDI SERVICE SDN BHD
Company No. 1041626-M
Registered Address LUKUT NEGERI SEMBILAN,MALAYSIA
Business Address LUKUT NEGERI SEMBILAN,MALAYSIA
Office Phone No. AS BELOW
Email [email protected]
SIGNATORY’S INFO
Signatory’s Name SIR DR IR FEROZ MUSA
Nationality MALAYSIA
Passport Number A 37958048
Date of Issue 09 MAY 2016
Expiration Date 09 MAY 2021
Place of Issue MALAYSIA
Date of Birth 08 NOV 1974
Residential Address AS ATTACHED
Mobile No +60177430448
Email [email protected]
(Wet Signature and Seal IN BLUE INK) Receiver
DATE SIGNED: 24/12/2016 _____________________________ Signature and Stamp/Seal Title: CHIEF FINANCIAL OFFICER Name: SIR DR IR FEROZ MUSA Passport Nr: A 37958048 Issue date: 09 MAY 2016 Expiry date: 09 MAY 2021
Page 12 of 17
FEE PROTECTION AGREEMENT
The Beneficiary guarantees to unconditionally pay all parties listed in the FPA the 2% commission
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 FEES 4% (,CONSULTANTS AND INTERMEDIATES) PROVIDER’S AGENTS 2% GLOBLE OIL
CORP AS
PAYMASTER
ACCOUNT FOR
CHURCHILL
AND ASSIGNS:
Commission due
BENEFICIARY CONSULTANTS, AGENTS & FACILITATORS TO RECEIVE 1 Bank Name Bank of China (Hong Kong) Limited, Sheung Shui Branch Bank Address 61 San Fung Avenue, Sheung shui, New Territories Hong Kong
Account Name DUXIANCAI
Account Number 012-590-9-229457-8
SWIFT BKCHHKHHXXX
Bank Tel 00852-26710155
Special Wire
instructions
PLS MARK IT AS SALARY
SPECIAL INSTRUCTIONS:
"FUNDS ARE GOOD, CLEAN, CLEARED AND OF NON-CRIMINAL ORIGIN, ARE LIEN FREE AND UNENCUMBERED, ARE PAYABLE IN CASH AND IN FULL AMOUNT IMMEDIATELY UPON RECEIPT BY BENEFICIARY'S BANK, BASED ON THE SAME DAY VALUE AND CREDIT,
RECEIVER’S AGENT 2% COMISSION DUE
BANK NAME STANDARD CHARTERED BANK HONG KONG
BANK ADRESS KOWLOON,HONG KONG SAR
ACCOUNT NUMBER 57487970331
SWIFT CODE SCBLHKHHXXX
ACCOUNT NAME SYAREENA BINTI SHAHBUDIN
BANK OFFICER NAME YIP SIU FAI,KENNY
BANK OFF. TEL/FAX +852 62348272
BANK OFF. EMAIL [email protected]
Page 13 of 17
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 RECEIVER. Receiver
DATE SIGNED : 24/12/2016 _____________________________ Signature and Stamp/Seal Title: CHIEF FINANCIAL OFFICER Name: SIR DR IR FEROZ MUSA Passport Nr: A 37958048 Issue date: 09 MAY 2016 Expiry date: 09 MAY 2021
DATE SIGNED : 24.12.2016
Company Name : EARTHPORT PLC
Company Address : 65 HALLIWICK ROAD,LONDON N10 1AA, UK Represented by : MR GUTTINGER RONALD HEINZ
Passport Number : F2074504 Date of Issue : 06.09.2010
Page 14 of 17
PROVIDER’S PP
DATE SIGNED : 24.12.2016
Company Name : EARTHPORT PLC Company Address : 65 HALLIWICK
ROAD,LONDON N10 1AA, UK Represented by : MR GUTTINGER RONALD
HEINZ
Passport Number : F2074504 Date of Issue : 06.09.2010
Page 15 of 17
PROVIDER’S COMPANY CERT
DATE SIGNED : 24.12.2016
Company Name : EARTHPORT PLC
Company Address : 65 HALLIWICK
ROAD,LONDON N10 1AA, UK Represented by : MR GUTTINGER RONALD
HEINZ
Passport Number : F2074504 Date of Issue : 06.09.2010
Page 16 of 17
Sincerely, For and On behalf of the RECEIVER. Receiver
DATE SIGNED: 24/12/2016 _____________________________ Signature and Stamp/Seal Title: CHIEF FINANCIAL OFFICER Name: SIR DR IR FEROZ MUSA Passport Nr: A 37958048 Issue date: 09 MAY 2016 Expiry date: 09 MAY 2021
Page 17 of 17
Sincerely, For and On behalf of the RECEIVER. Receiver
DATE SIGNED: 24/12/2016 _________________________ Signature and Stamp/Seal Title: CHIEF FINANCIAL OFFICER Name: SIR DR IR FEROZ MUSA Passport Nr: A 37958048 Issue date: 09 MAY 2016 Expiry date: 09 MAY 2021