2023 170t Doa RCV
2023 170t Doa RCV
2023 170t Doa RCV
PARTY-A, HEREINAFTER REFERRED ALSO AS FUNDS PROVIDER, ON THE ONE SIDE, REPRESENTED
BY MAHMOUD HADJI ABDOLMAJID.
FUNDS PROVIDER
-AND-
SERVICE PROVIDER
COMPANY NAME
ADDRESS NAME:
COUNTRY:
REPRESENTED BY:
PASSPORT NO.
DATE OF ISSUE
DATE OF EXPIRE
NATIONALITY
HAVING ALL NECESSARY POWER AND AUTHORITY, AND ACTS ACCORDING TO EXISTING
INTERNATIONAL LAWS, TO CONCLUDE THE PRESENT AGREEMENT (HEREINAFTER
AGREEMENT).
1.1 WHEREAS, PARTY A / FUNDS PROVIDER READY TO PROVIDES ITS CASH FUNDS FOR THE
DOWNLOAD, CURRENTLY DEPOSITED AT THE BARCLAYS BANK UNITED KINGDOM, IN THE
AMOUNT OF €170,812,062,000,000,00 EURO (ONE HUNDRED AND SEVENTY TRILLION, EIGHT
HUNDRED AND TWELVE BILLION, SIXTY-TWO MILLION EURO)
1.2 WHEREAS, PARTY A / FUNDS PROVIDER CONFIRMS THAT THEY ARE THE BENEFICIARY
AND LEGAL AND OFFICIAL HOLDER OF THE CASH FUNDS DESCRIBED IN ITEM 1.1; AND
1.3 WHEREAS, PARTY B / SERVICE PROVIDER CONFIRMS THAT THEY HAVE OPPORTUNITY
TO LOAD THE CASH FUNDS STIPULATED IN ITEM 1.1. AND DISBURSE THESE CASH FUNDS
AS DESCRIBED IN THIS AGREEMENT, AND
1.4 WHEREAS, THE PARTIES HAVE SPECIAL EXPERIENCE/OPPORTUNITY IN THE AREAS OF
BANKING AND INTERBANKING TRANSACTIONS NECESSARY FOR EXECUTION OF THIS
TRANSACTION, AND
1.5 WHEREAS, IT IS AGREED BY THE PARTIES TO SET FORTH CONDITIONS AND THEIR
COVENANTS IN WRITING, AND
1.6 NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, TERMS AND
CONDITIONS HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
2. DESCRIPTION OF FUNDS
2.1 THE DTC CASH FUNDS IN THE TOTAL AMOUNT OF €170,812,062,000,000,00 EURO (ONE
HUNDRED AND SEVENTY TRILLION, EIGHT HUNDRED AND TWELVE BILLION, SIXTY-TWO MILLION
EURO). THESE CASH FUNDS ARE AVAILABLE TO TRANSFER VIA INTERBANK DTC FROM BANK
ACCOUNT OF THE FUNDS PROVIDER TO THE BANK ACCOUNT OF THE SERVICE PROVIDER
ACCORDINGLY THE PROCEDURE DESCRIBED IN ARTICLE 3 OF THE THIS AGREEMENT.
BANK NAME
BANK ADDRESS
SWIFT CODE
SERVER ID
SERVER IP
COMMON ACCOUNT
TRANSACTION ID CODE
ACCOUNT NAME
ACCOUNT NUMBER
WTS SERVER
3. PROCEDURES
1. FUNDS PROVIDER AND SERVICE PROVIDER EXECUTE, SIGN AND SEAL THIS DEED OF AGREEMENT
WITH THE DISTRIBUTION OF THE FUNDS AS STATED COMMISSIONS, WHICH THEREBY
AUTOMATICALLY BECOMES A FULL COMMERCIAL RECOURSE CONTRACT.
2. SERVICE PROVIDER BANK OFFICER BEGINS THE PROCESS AND OPENS BANK ACCOUNT FOR THE FUND
PROVIDER AND HIS MANDATES IN THE SERVICE PROVIDER BANK ( FUNDS PROVIDER AND
MANDATES WILL HAVE TOTAL CONTROL OF THEIR BANK ACCOUNTS IN THEIR NAMES, THERE WILL
BE NO PAYMENTS OR FEES WHATSOVER ON THE PART OF FUND PROVIDER OR HIS MANDATES FOR
THE OPENING OF THESE BANK ACCOUNTS)
3. UPON THE OPENING OF THE OPERATIONAL BANK ACCOUNTS FOR THE FUND PROVIDER BY THE
SERVICE PROVIDER BANK OFFICER, FUND PROVIDER UPLOADS THE DTC FUND TO THE BANK’S
COMMON ACCOUNT AND PROVIDES THE SLIP COPY TO SERVICE PROVIDER BANK OFFICER. SERVICE
PROVIDER BANK OFFICER LOCATES THE FUNDS AND PROVIDES THE SCREEN COPY TO CONFIRM
LOCATING THE FUND.
5. FUND PROVIDER PROVIDES THE FINAL DOWNLOAD CODES TO SERVICE PROVIDER BANK OFFICER.
6. SERVICE PROVIDER BANK OFFICER MAKES THE FINAL DOWNLOADS AND PAYS OUT INTO THE BANK
ACCOUNTS OF THE FUND PROVIDER AND MANDATES BENEFICIARIES AND BANK ACCOUNTS OF THE
SERVICE PROVIDER AND MANDATES ACCORDING TO THE IMFPA
7. FUND PROVIDER AND SERVICE PROVIDER WITH THEIR MANDATES CONFIRMS RECEIVING THE
AMOUNTS IN THEIR ACCOUNT ACCORDING TO THE IMFPA.
NOTE: THE RECEIVER HEREBY CERTIFIES THAT THE CODES MENTIONED IN THE CLAUSE 5 OF THIS
PROCEDURE IS NECESSARY AND CONDITIONS ARE SUFFICIENT FOR THE SUCCESSFUL COMPLETION OF
THE TRANSACTION. THE PARTIES SHALL NOT NOMINATE ADDITIONAL REQUIREMENTS FOR
SUBMISSION OF DOCUMENTATION AND OTHER BANK CONFIRMATIONS.
4. COMMUNICATION PROCEDURE
4.1 THIS IS A DTC PROCEDURE. ALL COMMUNICATIONS WILL TAKE PLACE ON THE SERVER
SCREENS ONLY WITHOUT EXCEPTIONS. THERE WILL BE NO TELEPHONE CALLS, FAXES, POST
LETTERS, EMAILS BETWEEN THE BANKS OF THE BOTH PARTIES.
THE FUNDS PROVIDER AND THE SERVICE PROVIDER SHOULD STRICTLY ABIDE BY AGREED
PROCEDURE ABOVE.
4.2 AFTER THE FULL DOWNLOAD, SERVICE PROVIDER MUST PROVIDE WITHIN 24(TWENTYFOUR)
HOURS THE COPY OF THE SCREEN SHOT OR SLIP OF THE EXECUTED TRANSFER FROM SERVICE
PROVIDER’S EMAIL TO THE FUNDS PROVIDER CONSULTANTS EMAIL.
4.3 SERVICE PROVIDER HAS TO SEND FOR EACH SWIFT MT103, THE COPY OF ALL SWIFT BANK
REPORT FROM THE SERVICE PROVIDER’S CONSULTANTS EMAIL TO THE FUND PROVIDER’S
CONSULTANTS EMAIL.
5. SPECIAL PROVISIONS
5.1 TAXES: EACH PARTY, INDIVIDUALLY AND SEPARATELY, SHALL BEAR RESPONSIBILITY AND
ACCEPTS LIABILITY FOR APPLICABLE PAYMENTS OF ANY TAX, IMPOSTS, LEVIES, DUTIES OF
CHARGES THAT MAY BE FOUND APPLICABLE DURING THE FULFILLMENT OF THEIR RESPECTIVE
OBLIGATIONS UNDER THIS AGREEMENT.
5.2 ASSIGNMENT: NONE OF THE PARTY SHALL ASSIGN OR TRANSFER THEIR RIGHTS OR DUTIES
IN THIS AGREEMENT WITHOUT THE EXPRESSED WRITTEN CONSENT BY THE OTHER PARTY. ANY
TRANSFER OR ASSIGNMENT MADE WITHOUT SUCH CONSENT SHALL NOT RELIEVE THE
TRANSFEROR OR ASSIGNOR OF THEIR DUTIES OR OBLIGATIONS PURSUANT TO THIS
AGREEMENT, AND THE ASSIGNMENT AND TRANSFER SHALL BE CONSIDERED NULL AND VOID.
5.3 INCENTIVES: THE PARTIES TO THIS AGREEMENT HEREBY STATE AND DECLARE THAT EACH
PARTY IS FREE FROM ANY UNDUE INFLUENCE, COERCION OR MISREPRESENTATION OF ANY
KIND, AND HAS VOLUNTARILY ENTERED INTO THIS AGREEMENT.
6.1 THE PARTIES UNDERTAKE THAT THEY WILL NOT AT ANY TIME DIVULGE OR COMMUNICATE
TO ANY PERSON, EXCEPT TO THEIR PROFESSIONAL ADVISORS OR AS MAY BE REQUIRED BY
LAW, ANY CONFIDENTIAL INFORMATION CONCERNING THE CONTENTS OF THIS AGREEMENT.
6.2 NON-CIRCUMVENTION & NON-DISCLOSURE PROVISIONS ACCORDING TO THE
INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE, DOCUMENT ICC LATEST REVISION
SHALL BE DEEMED TO BE INCORPORATED AND FORMED AN INTEGRAL PART OF THIS
AGREEMENT.
7. FORCE MAJEURE
7.1 THE PARTIES HERETO SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM DUE TO ACTS
OF GOD OR CIVIL RIOTS AS DEFINED UNDER THE FORCEMAJEURE CLAUSES AS STATED IN THE
STANDARD ICC (INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE) RULINGS, AND
WHICH ARE DEEMED TO BE INCORPORATED HEREIN.
7.2 EACH PARTY HERETO SHALL BE OBLIGED TO IMMEDIATELY INFORM THE OTHER PARTY
ABOUT THE BEGINNING, PROBABLE DURATION AND CESSATION OF THE FORCE MAJEURE
CIRCUMSTANCES. THE NON-INFORMATION ABOUT THE FORCE MAJEURE CIRCUMSTANCES
SHALL CANCEL THE RIGHT OF EITHER PARTY HERETO TO MAKE
REFERENCE TO IT.
8.1 IN CASE OF ANY DISPUTE OR DISAGREEMENT BETWEEN THE PARTIES ARISING OUT OF, OR
CONNECTED WITH THIS AGREEMENT OR THE BREACH THEREOF: THE PARTIES SHALL USE THEIR
BEST EFFORTS TO SETTLE SUCH DISPUTES. THE PARTIES SHALL CONSULT AND NEGOTIATE WITH
EACH OTHER IN GOOD FAITH AND UNDERSTANDING OF THEIR MUTUAL INTERESTS TO REACH A JUST
AND EQUITABLE SOLUTION SATISFACTORY TO ALL PARTIES.
8.2 THIS PARTIES HEREBY AGREE THAT IF THEY ARE UNABLE TO RESOLVE DISPUTES
THROUGH NEGOTIATION AND COME TO TERMS WITHIN 30 (THIRTY) DAYS,
THEN THEY SHALL REFER THE MATTER TO ARBITRATION AND SETTLEMENT UNDER THE RULES
OF CONCILIATION AND ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE IN
PARIS, FRANCE BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE SAID
RULES. EACH PARTY HAS A RIGHT TO APPOINT ONE QUALIFIED ARBITRATOR.
8.3 THE DECISION OF THE ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE IN
PARIS, FRANCE IS FINAL AND BINDING FOR ALL PARTIES.
8.4 THE PARTY FOUND GUILTY BY THE INTERNATIONAL ARBITRATION COURT SHALL COVER THE
EXPENSES CONNECTED WITH ARBITRATION.
9. GENERAL PROVISIONS
9.1 THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES, WITH
RESPECT TO THE SUBJECT MATTER HEREOF AND SHALL SUPERSEDE ALL PRIOR OR
CONTEMPORANEOUS REPRESENTATIONS, WARRANTIES, AGREEMENTS AND UNDERSTANDINGS,
AND MAY NOT BE AMENDED OR ANY PROVISION HEREOF WAIVED.
AFTER SIGNING THIS AGREEMENT, NO ORAL OR WRITTEN REPRESENTATIONS,
WARRANTIES OR STATEMENTS MADE BY THE PARTIES OR THIRD PERSONS SHALL HAVE ANY
LEGAL FORCE AND EFFECT IF NOT SPECIFICALLY PROVIDED BY THIS AGREEMENT.
9.2 ALL APPENDICES AND ADDENDUMS DULY SIGNED IN FULL BY BOTH PARTIES SHALL BE
AN INTEGRAL PART OF THIS AGREEMENT.
9.5 LANGUAGE: THE PARTIES AGREE THAT THE ENGLISH LANGUAGE IS THE GOVERNING
LANGUAGE WHEN INTERPRETING THE REPRESENTATIONS, WARRANTIES, AGREEMENTS AND
UNDERSTANDINGS OF THIS AGREEMENT BETWEEN THE PARTIES. FURTHERMORE, ANY NOTICES
DUE SHALL BE MADE IN THE ENGLISH LANGUAGE.
9.6 EXCEPT FOR PERFORMANCES EXPRESSIVELY STIPULATED IN THIS
AGREEMENT CASES, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT LOSSES ARISEN AS A
RESULT OF PERFORMANCE (NON-PERFORMANCE) OF OBLIGATIONS UNDER THE PRESENT
AGREEMENT.
9.7 EDT- Electronic Document Transmittal & Counterparts: This Agreement may be executed
in multiple copies at different times and places, each being considered an original and binding. All
facsimile /electronic transmittal/communications, including electronic signature, relating to this
Agreement and which are mutually accepted by the Parties, shall be deemed legally binding and
enforceable documents for the duration of the transaction. And as applicable, this Agreement shall:
❖ Incorporate U.S. Public Law 106-229, "Electronic Signatures in Global and National Commerce
Act" or such other applicable law conforming to the UNCITRAL Model Law on Electronic
Signatures (2001);
❖ Electronic Commerce Agreement (ECE/TRADE/257, Geneva, May 2000) adopted by the United
Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT);
❖ All Electronically submitted documents shall be subject to the European Community Directive
No. 95/46/EEC, as applicable.
10. NOTICES
11.1 THE ORIGINAL OF THIS AGREEMENT HAS, AND HAS BEEN PRINTED OUT AND SIGNED IN
FULL ON EACH PAGE HEREOF IN TWO (2) IDENTICAL ORIGINAL COPIES WITH IDENTICAL
WORDING, WITH EACH OF THE PARTIES HOLDING ONE (1) COPY.
11.2 PARTYS DELIVERING THIS AGREEMENT BY E-MAIL SHALL ALSO FORTHWITH DELIVER
EITHER BY COURIER OR BY HAND TO THE ADDRESSES NOTED ABOVE THE ORIGINAL OF SAID
EMAILED COPY, WHICH BEARS ON ITS FACE THE ORIGINAL SIGNATURE OF THE DELIVERING
PARTY. UPON DELIVERY OF THE ORIGINAL, SUCH SHALL BECOME THE AGREEMENT OF
RECORD.
11.3 THIS AGREEMENT SHALL BE CONSIDERED EXECUTED AND COME INTO LEGAL EFFECT
ONCE IT HAS BEEN PRINTED OUT, SIGNED IN FULL ON EACH PAGE, BY
BOTH PARTIES, WHO WARRANT THAT THEY ARE LEGALLY AUTHORIZED REPRESENTATIVES OF
THEIR RESPECTIVE (LEGAL) PERSONS, AND IN CONFORMITY WITH THEIR RESPECTIVE
AUTHORITIES HAVE THE RIGHT TO SIGN THIS AGREEMENT.
11.4 ALL ANNEXES TO THIS AGREEMENT:
FUND SCREEN
N.B PROVIDERS RENEWED PASSPORT COPY WILL BE DELIVERED VIA BANK TO BANK ONLY .
ANNEX C
WE HEREBY DECLARE THAT WE ARE FULLY AWARE THAT THE INFORMATION RECEIVED
FROM YOU IS IN DIRECT RESPONSE TO OUR REQUEST AND IS NOT IN ANY WAY
CONSIDERED OR INTENDED TO BE A SOLICITATION OF FUNDS OF ANY SORT, OR ANY TYPE
OF OFFERING, AND IS INTENDED FOR OUR GENERAL KNOWLEDGE ONLY. WE HEREBY
AFFIRM, UNDER PENALTY OF PERJURY, THAT WE HAVE REQUESTED INFORMATION FROM
YOU AND YOUR ORGANIZATION BY OUR CHOICE AND FREE WILL, AND FURTHER THAT YOU
HAVE NOT SOLICITED US IN ANY WAY. INTERMEDIARIES ARE NOT ADVISORS OF ANY KIND.
ALL TAXES, FEDERAL, STATE OR OTHER ARE THE INDEPENDENT RESPONSIBILITY OF EACH
OF THE PARTIES HERETO.
BY AFFIRMING THEIR SIGNATURE ON THIS PAGE BOTH PARTY-A AND PARTY-B WILL DEEM
THIS AGREEMENT AS LEGALLY BINDING AND ENFORCEABLE.
PARTY-A: PARTY-B:
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