200M Haka
200M Haka
200M Haka
200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
This Memorandum of understanding was created to entering special limited partnership between
GENSWOOD GMBH, Germany and “Jamaluddin Sultan & Partners, Indonesia (“collectively
referred here as Parties”). The main purpose is to securing Line of credit into one or more of
“Money Management Transactions”. SENDER DETAILS
RECEIVER DETAILS
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
WHEREAS ;
The Receiver desires to receive a SWIFT MT103/202 from THE SENDER. By signing this agreement THE
RECEIVER confirms with full corporate and legal responsibility to accept the SWIFT MT103/202 to be
sent to his nominated bank account by THE SENDER, and confirms further that funds are available to
fulfill the payment requirements for the requested MT103/202 instrument.
WHEREAS ;
THE SENDER desires to deliver the aforementioned SWIFT MT103/202 to THE RECEIVER. THE
SENDER represents and warrants that it has the ability and resources to arrange through associates, contacts
and sources, with full corporate responsibility, financial instrument in the term of assignments to be
provided to THE RECEIVER.
WHEREAS ;
THE SENDER hereby declares under penalty of perjury that the SWIFT MT103/202 will be backed by
funds that are good, clean, clear, and free of non-criminal origin, the SWIFT MT103/202 will be free and
clear of all liens, encumbrances and third party interest.The SWIFT MT103/202 instrument is for credit
enhancement only.
NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other
good and valuable considerations, the receipt of which is acknowledged hereby, the parties hereby agree as
follows:
1. SUBJECT OF AGREEMENT.
1.1. In accordance with the provisions of this Agreement and general principles and regulations of
the management of the financial resources the The Sender instructs, and the “The Receiver ”
undertakes to manage investment plans accepted by parties and invested by The Sender by this
Agreement.
1.2. The The Sender financial resources made available to the “The Receiver ” hereinafter referred to
as the "Investments".
1.3. According to the laws of and for execution of the Law of About the regime of foreign
international investing for two parties, the subject of this Agreement is a joint investment activity
of the The Receiver , which is not connected with creation of new legal entities, on the following
directions: investments in commercial sphere, social, innovative projects etc.
1.4. The High Contracting "Parties", in order to strengthen bilateral friendly international relations
are intended to cooperate in the following make own projects at the expense of own funds and
financial opportunities as well as attracting involving partners.
1.4.1. Promoting involvement in the real economy, and private regional priority investment projects;
1.4.2. Promoting a balanced and sustainable growing system of financial support for projects and
programs in priority areas;
1.4.3. Minimizing investment and commercial risks involved in the implementation of projects. And
also can carry out reinvestment in the objects of the primary investment and other objects of
investment and reinvestment.
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
1.5 The The Sender bank issues and bank instrument in the form MT103/202 to the nominated
account to The Receiver in accordance with the following schedule of investments.
DESCRIPTION OF INSTRUMENT(S):
PROCEDURES:
1. THE SENDER and THE RECEIVER execute, sign and initial this Agreement along with
IFPA/NCNDA, Passport copies of signatories, which thereby automatically become a full
commercial recourse contract.
2. After signing of the contract, upon approval of The Sender , within 3 banking days sender’s bank
issue MT 199 RWA.
3. Within 2 banking days after verification of MT199 RWA, RECEIVER’S BANK will conform to
ready receive the swift MT 103.
4. After receive confirmation from Receiver by swift MT199, THE SENDER will issue SWIFT
MT103 followed with MT202 COVER to THE RECEIVER’s bank and provide transmission
copies by email to RECEIVER.
5. Within 7 banking days after verification of MT103/202, THE RECEIVER shall distributing
agreed sharing ratio for 67,5% of face value.
VERIFICATION OF MT103/202 :
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
6. RECEIVER’s bank (or Central bank) sends request by MT199 to THE SENDER issuing bank for
confirmation of MT103/202.
7. THE SENDER issuing bank confirms the request by MT199 confirming the issued MT103/202
thus became full authentication and confirmed.
8. After verification of Swift 103/202 THE RECEIVER shall wire 67,5% of the face value to the
sender nominated account stated in this agreement not more than within 7 banking days from the
receive of MT103/202.
DISPUTE CASE
THE RECEIVER is required to confirm the receipt of SWIFT MT103/202 within 24hours to THE
SENDER upon receipt notification and swift copy from THE SENDER.
If THE RECEIVER unable to track down the swift delivery within 24 hours after notification, THE
RECEIVER has to provide official bank letter stating non -receipt of SWIFT MT103/202 delivery and
notify THE SENDER accordingly.
If THE RECEIVER fail to notify THE SENDER to confirm the delivery of SWIFT MT103/202 then the
swift will be revoked /deactivated on the 3rd day of delivery date. All banking charges and fees if any will
be billed to THE RECEIVER.
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
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 “Include Act of War, Rebellion, 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.
FORCE MAJEURE
The Force Majeure Exception Clause of ICC Publication is hereby incorporated in and made an integral
part of this agreement.
9. This MOU is subject to the relevant laws and any applicable international laws, for any fraudulent
action and such actions will be punishable by law.
10. This Agreement shall form as an integral part of any previous agreements to be executed by the
parties subsequent to the signing of this MOU and shall constitute as legal binding between the
Parties.
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
1. EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable,
this agreement shall be: Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global & National Commerce Act’’ or such other
applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001)
2. ELECTRONIC COMMERCE AGREEMENT(ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade
Facilitation and Electronic Business (UN/CEFACT).
3. EDT documents shall be subject toEuropean Community Directive No. 95/46/EEC, as applicable. Either Party may request hard copy of
any document that has been previously transmitted by electronic means provided however, that any such request shall in no manner delay the
parties from performing their respective obligations and duties under EDT instruments. Required message“The remitter is known to us. This is
done with full banking responsibility and we are satisfied as to the source of funds sent to us.”
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
RECEIVER PASSPORT
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
APPENDIX 1
SWIFT VERBIAGE PRE-ADVICE S.W.I.F.T.MT199 OR MT799
DEAR SIR,
WE, XXXXXX INTERNATIONAL INVESTMENT BANK WITH ADRESS AT 1735 MAR,
XXXXXXXXXX,PA, 19103, USA, HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE
AREREADY, WILLING AND ABLE TO ISSUE A MT 103 IN FAVOUR OF…………………………….., WITH A FACE
VALUEOF _________ USD ($______________.00),
THE INSTRUMENT (MT103) IS IRREVOCABLE, UNCONDITIONAL, TRANSFERABLE, ASSIGNABLE
NEGOTIABLE,DIVISIBLE, AND SHALL BE HONOURED ON MATURITY DATE ONE YEAR AND ONE MONTH.WE
FURTHER CONFIRM TO YOU THAT THE MT103 IS CASH BACKED, FREE AND CLEARED OF ENCUMBRANCE
ANDTHE CASH IS GOOD, CLEAN AND CLEAR FUNDS OF NON-CRIMINAL ORIGIN.
WE HEREBY CONFIRM THAT WE WILL DELIVER THE SAID INSTRUMENT DELIVERY SWIFT MT103
PLEASE CONFIRM THAT YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENT.
FOR CONFIRMATION, YOU ARE ADVISED TO AUTHENTICATE THIS SWIFT BY REPLYING THROUGH OUR
SECUREDDEPARTMENTAL BANK.THIS INSTRUMENT IS SUBJECT TO THE UNIFORM RULES FOR THE BANK NO
758 UNDER INTERNATIONALCHAMBER OF COMMERCE, PARIS, FRANCE, PUBLICATION NO.600 AND ITS LATEST
REVISIONS.FOR AND ON BEHALF OF:
(ISSUING BANK)
___________________ _______________________
BANK OFFICER 1 BANK OFFICER 2
TITLE (PIN) TITLE (PIN)
APPENDIX 2
VERBIAGE OF THE PAYMENT GUARANTEE VIA SWIFT MT199 or MT 799 BPU
-------------------------------------Instance Type and Transmission---------------------
Notification (History) of original sent to
PRIORITY: URGENT, SAME DAY DELIVERY
Massage input reference :
-----------------------------------------------Message Header-------------------------
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
Swift Output :MTxxxx MESSAGE
Sender :
Swift Code :
Receiver :xxxxxxxxxxxxxxxxxxxxxx BANK
Transaction Code:
Test Key Number:
---------------------------------------Message Text-------------------------------
TO :
NAME OF BANKxxxxxxxxxxxxxxxxxxx BANK
BANK ADDRESS xxxxxxxxxxxxxSTREET,xxxxxxxx, xxxxxx, , xxxx
ACCOUNT NUMBER:
ACCOUNT NAME:
SWIFT CODE
BANK OFFICER #1:
BANK TEL:
TRANSACTION CODE : ………………..
NAME OF BANK :
BANK ADDRESS :
SWIFT CODE :
ACCOUNT NUMBER:
ACCOUNT NAME:
BANK OFFICER :
BANK TEL/FAX: +
EMAIL:
AMOUNT : $___________ (_____________ USD)CURRENCY : USD
DATE : XX, XX, 2018
WE,…………………………………... BANK ADDRESS : ................................................................................. .HEREBY
CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE
READY, WILLING AND ABLE TO RECEIVE A MT 103 IN FAVOUR ………………………………………..),
WITH A FACE VALUE OF ___________ MILLIONUSD ($__________.00) WE, HEREBY PRESENT OUR
IRREVOCABLE, ASSIGNABLE, TRANSFERABLE,AND CALLABLE PAYMENT
VIA SWIFT MT103 WIRE TRANSFER IN YOUR FAVOUR FOR THE ACCOUNTS OF DESIGNATED
BENEFICIARY AND IN THE AMOUNT OF ..........................................$ USD ($ .................................................00)
SUCHFUNDS ARE GOOD, CLEAN AND CLEARED FUNDS OF NON-CRIMINAL ORIGIN AND ARE FROM A LEGAL
SOURCE AVAILABLE AGAINST THE DELIVERY OF THE BANK INSTRUMENT DESCRIBED HEREINWE FURTHER
CONFIRM THAT THIS IRREVOCABLE S.W.I.F.T. IS A BINDING FULLY PREFORMEDDUEBILL AND IS
IMMEDIATELY CALLABLE ON US FOR CASH PAYMENT AGAINST DELIVERY OF THEBANK
INSTRUMENT VIA SWIFT MT-103 WIRE TRANSFER WITHIN 3(THREE)UP TO FIVE (5)
INTERNATIONAL BANKING DAY UPON OUR VERIFICATION AND AUTHENTICATION OF THE
SUBJECTINSTRUMENT.
THE PAYMENY SHALL BE VIA UNCONDITIONAL SWIFT MT103 IN FAVOR OF YOUR
DESIGNATED ACCOUNTS IN THE AGREEMENT DATED……………. 2016 BEARING ABOVE REFERENCE CODES
…………………………………….AGAINST DELIVERY OF THE INSTRUMENT TO OUR BANK .
THIS IS AN OPERATIVE BANK INSTRUMENT AND IS SUBJECT TO THE UNIFORM COMMERCIAL CODE
AS IT RELATES TO BANK CREDIT INSTRUMENTS.
ALL CHARGES ON THE TRANSMISSION SIDE ARE FOR THE ACCOUNT OF THE APPLICANT.
FOR AND ON BEHALF OF ....................................... BANK
APPENDIX 3
SWIFT VERBIAGE MT 103
----------------------------------INSTANCE TYPE AND TRANSMISSION----------------------
NOTIFICATION (TRANSMISSION) OF ORIGINAL SENT TO SWIFT (ACK)
NETWORK DELIVERY : NETWORK ACK
PRIORITY / DELIVERY : URGENT
MESSAGE INPUT REFFERENCE :
MESSAGE OUTPUT REFERENCE :
-------------------------------------------MESSAGE HEADER-----------------------------
SWIFT INPUT : MT 103 SINGLE CUSTOMER CREDIT TRANSFER
***SENDER :
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
***BANK NAME :
***BANK ADDRESS :
***RECEIVER :
***BANK NAME :
***BANK ADDRESS :
---------------------------------------------SWIFT MESSAGE TEXT-----------------------
FIN : MT-103 CASH BACKED SINGLE CREDIT CUSTOMER TRANSFER
F20 : TRANSACTION REF NO :
F21 : TRANSFER NUMBER :
F23B : BANK OPERATION CODE :
F32A : VAL DTE/CURR/INTERBNK SETTLD AMNT
DATE : ……………… 2018
CURRENCY : EUR (EUROPEAN UNION)
AMOUNT :
F50K : ORDERING CUSTOMER-NAME&ADDRESS:
***SENDER :
***BANK NAME :
***BANK ADDRESS :
***BANK OFFICER :
***ACCOUNT NAME :
***ACCOUNT NUMBER :
F57A : ACCOUNT WITH INSTITUTION:
***RECEIVER :
***BANK NAME :
***BANK ADDRESS :
***BANK OFFICER :
***ACCOUNT NAME :
***ACCOUNT NUMBER :
F70 : REMITTANCE INFO : INVESTMENT AGREEMENT NO: ------------------------
F79 : NARRATIVE MESSAGE :
WE ------ BANK, GERMANY, LOCATED AT ---------- CONFIRM WITH FULL BANK RESPONSIBILITY HEREBY
PRESENT OUR UNCONDITIONAL, IRREVOCABLE CASH BACKED STANDING SWIFTWIRE TRANSFER MT103/202
WIRE TRANSFER IN FAVOUR OF --------- BANK – ---------- WITH BANK ACCOUNT NUMBER ---------- IN THE
AMOUNT OF --------.00 EURO (----- MILLION AND ----- THOUSAND EURO). THIS PAYMENT IS FOR INVESTMENT
PURPOSE.
WE HEREBY CONFIRM THE FUNDS TO THE BEST OF OUR KNOWLEDGE ARE CLEAN, CLEAR AND FREE OF ANY
LEVY, ENCUMBRANCES & LEGALLY OBTAINED AND FROM NON CRIMINAL BUSINESS ACTIVITES, THIS
UNCONDITIONAL, IRREVOCABLE, TRANSFERABLE AND CALLABLE SWIFT MT-103/202 WIRE CASH TRANSFER
IS BINDING FULLY PERFORMED DUE BILL AND IMMEDIATELY CALLABLE FOR CASH PAYMENT.
RECORD INFORMATION SWIFT ORDER IS MAC: (PAC) PEG ENC) CHK (INT) PED) (MAC).
RECORDED DATE : ------ 2018.
FOR AND ON BEHALF ------- BANK, ------
AUTHORIZED SIGNATURE OFFICER 1: MR.----------------------- OFFICER (------------)
AUTHORIZED SIGNATURE OFFICER 2: MR.----------------------- OFFICER (------------)
-----------------------------------MESSAGE TRALER-------------------------------------
(CHK:--------)
PKI SIGNATURE : MAC-EQUTVALENT
TRACKING CODE : -----------
----------------------------------INTERVENTION----------------------------------------
CREATION TIME : 2018/--/--------- GMT+0-:00
APPLICATION : SWIFT INTERFACE
OPERTION : SYSTEM
END TIME : ----------
TEXT(F1:1001:------------/------------/---------------}{-{103}
--------------------------------------------------------------------------------------
CONF DATE:---,2018+++--------+++-------------++++---------
MSG NO :---+++T---+++MT 103 SINGLE CUSTOMER CREDIT TRANSFER+++LOGICAL ANSWER BACK(Y)
VALUE DATE/END TIME +++-----, 2018+++----+++MESSAGE HAS BEEN TRANSMITTED(01
APPENDIX 4
VERBIAGE OF THE PAYMENT VIA SWIFT MT202
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
SWIFT CODE:
APPLICANT:
IBAN:
RECIEVER:
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT CODE:
--------------------------------------- Message Text ---------------------------------------------
F20: Transaction Reference Number
DATE/CURRENCY/INSTRUCTED AMOUNT
79: Narrative
WE HEREBY CONFIRM THAT THE FUNDS ARE GOOD, CLEAN, CLEARED FROM ANY CRIMINAL ORIGIN AND ARE
FROM LEGAL SOURCE. THIS IRREVOCABLE SWIFT TRANSFER IS BINDING FULLY PERFORMED DUE BILL AND
IMMEDIATE CALLABLE FOR CASH PAYMENT. WE CONFIRM THAT PAYMENT SHOULD BE RELEASED
APPENDIX 4
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
XMT DELIVERY REPORT ANSWER BACK PAGE CONFIRMATION SYSTEM SWIFT MESSAGE DELIVERED TC"C«SWIFT
(BIC) MESSAGE TO»> xxxxxxxxxxxx »> xxxxxxxxxxxxxxx BANK xxxxxxxxxxxxx BRANCH»> NO. xxxxxxxxxxxxxxxxxxxxxx FROM>»
xxxxxxxxxxxxxxxx >» xxxxxxxxxxxxxxBANK .»»xxxxxxxxxxxxxxxxx
NO START TIME END TIME DATE USAGE TIME MODE MESSAGE TYPE PAGES RESULT 67801 14:01:31
14:44:07 16/06/2018 40:33 SWIFT FIN-202 02 RECEIVED
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
The parties agree that the all fees stated are compensation for services rendered and are irrevocably and
unconditionally guaranteed to be paid by THE RECEIVER to THE SENDER who guarantees to unconditionally pay
all parties listed in this FPA by wire transfer simultaneously. The commission 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.
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:
1. The signatory agrees to keep as confidential, the identity of and all contacts so provided by any other
signatories.
2. 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.
3. 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 agrees and understands that any
overt or covert action of circumvention prescribed by this agreement shall be a fraudulent act against the other THE
SENDER 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 disbursement of funds will be distributed as follows:
®SENDER RECEIVER
TRANSACTION CODE : 001.2018.200M/EUR
INVESTOR REFERENCE : FCG001/2018
RECEIVER REFERENCE : IMPM001/2018
DATE: 25 NOVEMBER 2018
®
1. EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable,
this agreement shall be: Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global & National Commerce Act’’ or such other
applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001)
2. ELECTRONIC COMMERCE AGREEMENT(ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade
Facilitation and Electronic Business (UN/CEFACT).
3. EDT documents shall be subject toEuropean Community Directive No. 95/46/EEC, as applicable. Either Party may request hard copy of
any document that has been previously transmitted by electronic means provided however, that any such request shall in no manner delay the
parties from performing their respective obligations and duties under EDT instruments. Required message“The remitter is known to us. This is
done with full banking responsibility and we are satisfied as to the source of funds sent to us.”
®SENDER RECEIVER