SCO L2L 15 12 9 3 22222 - Edited

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METALCOM
Date: January 17, 2024

THIS SCO IS BASED ON GPI SEMI AUTOMATIC or SWIFT MT 103.202


TRANSFER AS PAYMENT GUARANTEE.

NON-NEGOTIABLE GOLD BULLION SOFT CORPORATE OFFER


To: END BUYER
I, the authorized Seller Mandate, offer with full corporate and legal
responsibility, under penalty of perjury and confirms that we the seller owner is ready, willing and
able to supply you, Bullion Gold Br Of 1 KG OR AND 12.5 KG IN 999.96/1,000 PURITY for 12
months with possible Rolls and Ext under penalty of perjury or fraud, and we are ready, willing
and able to legally sell, grant title and deliver the AU metal as described under the terms,
conditions and procedures hereunder:
A. COMMODITY
COMMODITY (AU) GOLD BULLION BARS (Not in the GLD Banking System)
SIZE 12.5KG OR 1 KG GOLD BULLION BARS
HALLMARK INTERNATIONALLY RECOGNISED HALLMARK
ORIGIN OF GOLD NON-CRIMINAL ORIGIN

AGE LESS THAN 5 YEARS


CURRENT LOCATION STOCK HELD IN A PRIME CUSTODIAN BANK’S VAULT / WAREHOUSE; ADDRESS
SHALL BE DETAILED IN THE SAFE-KEEPING-RECEIPT (SKR).
ND
PRICE & DISCOUNT LBMA, 2 FIXING OF THE DAY
FROM 1 MT TO 199 MT 12% Gross 9% Net
FROM 200 AND MORE 15% Gross 12% Net
TO BUYER FOR PURITY 999.96 / 1000 (MIN).
DELIVERY DESTINATION FOB ZURICH – LONDON – FRANKFURT – DUBAI - HK
TOTAL QUANTITY - TOTAL MORE OF 10000MT IN TOTAL TRIAL DELIVERY OF 1 TO 5 MT
UNTIL TBA MT MONTHLY PER 12 MONTHS
TOTAL CONTRACT TBA MT PER YEAR.
PAYMENT GUARANTEE PRIME BANK PAYMENT GUARANTEE BY 100% CONFIRMED, IRREVOCABLE GPI
BY PRIME BANK BEFORE SEMI AUTOMATIC OR SWIFT MT 103 ON TRANSFER WITH
DELIVERY – SWIFT MT EVIDENCE OF:
103 ON LEDGER -TO- 1/. WHITE SLIP COPY,
LEDGER TRANSFER
2/. BLACK SLIP COPY,
.
3/. REMITTANCE ADVICE,
4/. DEBIT NOTE,
5/. MT940, and
on the same day.
CURRENCY THE LEGAL CURRENCY OF THE UNITED STATES OF AMERICA (USD) ($) OR EUROS (€)

AGENTS’ COMMISSIONS TOTAL AGENTS’ COMMISSIONS OF 3%; (1.5% TO SELLER’S AGENT(S)(CLOSED)


AND 1.5% TO BUYER AGENTS. WILL BE PAID BY THE SELLER UNDER SEPARATE
IMFPA UPON FULLPAYMENT RECEIVED FROM BUYER TO SELLER.

B. TERMS & CONDITIONS

1. PURCHASE PRICE IN EUROS.


Shall be, based on the Second Fixing of the London Bullion Market Association “LBMA” on the day of
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METALCOM
closing priced in Euros, as pegged to United States Dollars.

2. DISCOUNT.
The Product is offered by the Seller to the Buyer, with a 12% GROSS AND 9% NET discount from the
Second London Fixing of the price of gold per Troy Ounce as quoted by LBMA on the date of each
respective Lift, Transfer, or Delivery to the Buyer.

3. COMMISSIONS:
Seller (as agreed) shall pay Seller side 1.5% (closed) and buyer’s side 1.5% (open) of the purchase price,
as per the terms of this Agreement and the Non-Circumvention Non-Disclosure Irrevocable Master Fee
Protection Agreement (the “NCND/IMFPA”).

4. WARRANTS & PAYMENT INSTRUCTIONS:


WHEREAS the Buyer confirms with full corporate authority and legal responsibility, that he is Ready, to
issue VIA GPI SEMI AUTOMATIC OR SWIFT MT 103 ON PAYMENT
TRANSFER TO SELLER’S NOMINATED RECEIVER FIDUCIARY DESIGNATED BANK ACCOUNT as a
Guarantee of payment to purchase TBA MT of the said Gold Bars.

WHEREAS; the Seller also confirms with full corporate authority and legal responsibility, that he is Ready,
Willing and Able to sell the said Gold Bullion Bars and provides Proof of Product, via SWIFT MT600 from
the gold CUSTODIAN BANK, for the quantity of the TBA MT of Gold Bullion to the Buyer’s Bank
Officer(copied to Buyer) ONLY upon receipt of the Buyer’s confirmed and authenticated GPI SEMI
AUTOMATIC OR SWIFT MT 103 ON TRANSFER PAYMENT GUARANTEE PROVIDING
THE FOLLOWING TRANSFER DOCUMENTS; 1/. WHITE SLIP COPY, 2/. BLACK SLIP COPY, 3/. REMITTANCE
ADVICE, 4/. DEBIT NOTE AND 5/.MT940 LEDGER ACCOUNT STATEMENT onthe same day to the
Seller’s Nominated Receiver Fiduciary Designated Deutsche Bank Account.

WHEREAS; After all verifications of the Commodity, and presentation of Sellers Commercial Invoice in the
amount (in USD equivalent), equal to LMBA Price less Percentage Discount of Nine (9%) net of the purchase
price, the Buyer shall instruct the Buyer's Bank to release to Seller Bank a SWIFT MT 103 FINAL payment to
Seller’s NOMINATED FIDUCIARY RECEIVER Bank Account in exchange of Full Title and Ownership of the of
gold bullion.

5. STORAGES: PRIME BANK / WAREHOUSE VAULTS.


6. TRANSACTION PROCEDURES.
The Seller and Buyer solemnly agree as follows for FOB:
A. Seller send the SCO and the Buyer reply whith a LOI necessary for the process
B. Seller issue the FCO corporative and Buyer returns the FCO signed.
C. Upon receipt Seller IMMEDIATELY issues Sales and Purchase Agreement “SPA + NCNDA + IMFPA”
for Buyer to review, accept, initialed and return to Seller.
D. Both Parties exchange the executed the SPA/NCNDA/IMFPA and negotiated SPA filling in their
respective coordinates, including but not limited to, banking information, international color
passport copy, Company Trade License or Company Certificate of Incorporation.
E. SPA is lodged into both Buyer and Seller Banks.
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F. Buyer’s Bank issues GPI SEMI AUTOMATIC OR SWIFT MT 103 ON
PAYMENT TRANSFER as Payment Guarantee to Seller’s nominated Bank for the trial delivery of
XXX MT and buyer sends the following documents for authentication purposes; 1/. WHITE SLIP
COPY, 2/. BLACK SLIP COPY, 3/. REMITTANCE ADVICE, 4/. DEBIT NOTE, 5/. MT940, and 6/. ECB
RELEASE CODE on the same day.
G. Upon receipt confirmation from buyer's On swift confirmation with
evidence of Swift correspondence document, seller will issue a 2% PB to buyer against non-
performance of the contract and seller draws 2% from buyer's Ledger-to-Ledger account should
buyer fails to perform the contract.
H. Upon receipt and authentication of the Buyer’s supplied documents; 1/. WHITE SLIP COPY, 2/.
BLACK SLIP COPY, 3/. REMITTANCE ADVICE, 4/. DEBIT NOTE, 5/. And MT940, on the same day,
the Seller's Gold Bars Custody Bank shall issue to the Buyer a Depository Confirmation Letter (DCL)
along with Authority to View - “ATV” AND evidence of Proof of Product “POP” via SWIFT MT600 to
Buyer’s Bank and copy made available by email to Signatory Buyer only.
I. Within three (3) banking days the Buyer or his Appointed Agent will be invited by ATV to the
Vault/Gold Bullion storage facility of the Custodian Bank, for physical inspection.
J. After, Post Inspection and acceptable Assay Report, Buyer instructs his bank to RELEASE payment
for the Gold Bullion into the Sellers Nominated Bank Account, via SWIFT MT103 while the ON
PAYMENT TRANSFER instrument revolves until the entire quantity is
exhausted, with tranches as per refinery schedule, to be determined.
K. Parties execute the change of Title of Ownership between Seller and Buyer, upon each settlement.
L. Seller pays the Seller Side Nominated Beneficiaries in the IMFPA or to the Nominated Paymaster of
the Beneficiaries. Buyer pays the Buyers Side Nominated Paymaster of the Buyer Beneficiaries.
M. TRANSACTION CONCLUDED.
7. DOCUMENTS:
All tranches of au metal shall be accompanied by but not limited to the following documents:
a) Certificate of Purity
b) Weight and size of each Gold Bar
c) Certificate of Legal Ownership
d) Serial Number per Gold bar
e) Year of manufacture
f) Certificate of Origin and Internationally accepted Assay stamp of the refiner
g) Warehouse Safekeeping Receipt (SKR) from storage warehouse
h) Commercial Invoice and or similar made out to the Buyer.
i) Packing list and packing specifications (for uplifting)

TRANSACTION CONFORMITY WITH INTERNATIONAL REGULATIONS:


The Seller and the Buyer each declare to one another that the commodity offered herein for sale and
the origin of the funds used for purchasing the commodity do not contravene any of the following LAWS
or any other illegal or criminal activity:
a) The Drug Trafficking Act of 1986.
b) The Criminal Act of 1988.
c) The Prevention of Terrorism (Temporary Provisions) Act of 1989.
d) The Criminal Justice (International Cooperation) Act of 1990.
e) The Criminal Justice Act of 1993.
f) Trade Secret of 1979: Economic Espionage Act of 1993 [18 U.S.C. 1839 (3)]
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g) The Anti-Terrorism Act and the Patriot Act l and ll.

TO BE ATTEND BY THE BUYER:


We are sure our partners are willing and ready to to avoid any waste of time, so we inform that the deal will
be made following the below lapse time, to complete the deal in the appropriate time.
• Since we extend the FCO, the lapse time to receive it confirmed by the buyer will not be exceed for more.
than 3 working days.
• The lapse time to receive the fulfilled SPA + CI will not exceed 3 working days.
• The lapse time to receive in our bank the confirmation the buyer provided the respective payment
guarantee will be no more than five working days.

1- The buyer must understand the seller's procedures are not negotiable.
We can offer different payment guarantee formats, MT103-202, GPI Semi Auto, SBLC MT760, BF MT799, IRDLC,
No POF will considered like payment guarantee
2.- The format of the deal will follow this order: 1.- SCO 2.- LOI 3.-FCO 4.- SPA + CI 5.- Payment guarantee.
3.- Time of execution.

VALIDITY PERIOD: THIS OFFER IS VALID FOR 15 DAYS FROM THE DATE HEREOF.

SIGNED AND SEALED:

---------------------------------------------------------

DATED: January 17, 2024


THIS SCO IS VALID FOR 5 DAYS FROM THE DATE HEREOF.
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METALCOM

CLARIFICATION ON MT 103 ON TRANSFER TRANSACTION PROCEDURE.

These are some of the common FAQs on MT 103 On Transfer Transaction Procedures:

1. Does the seller MT 103 On transfer involve a transfer of cash funds?

MT 103 On transfer is not a direct transfer of cash funds unlike MT 103 / TT which
goes straight into the beneficiary account. MT 103 On transfer is best described as a documentary
transfer as it must be accompanied by White Copy, Black Copy, Debit Note, Remittance Advice and
summarized in Swift MT 940 general ledger account statement. The movement of funds from the
buyer’s bank to the seller’s fiduciary bank still needs to take place but the funds will remain in the
general ledger of the seller’s fiduciary bank until the delivery and assay of the gold has been done.

MT 103/TT on the other hand requires no such documents to accompany the transfer as it purely a
direct payment instruction.

2. Will the buyer’s account be debited in MT 103 On transfer?

MT 103 On transfer is a form of payment guarantee, and yes, the buyer’s account will
be deducted and for that reason, a Debit Note and Remittance Advice is required to accompany the
general ledger transfer which is outlined in Swift MT 940 Accounts statement which Buyer’s bank must
transmits together to the Seller’s bank.

3. Will the seller be able to cash on the buyer’s MT 103 On transfer before TTM,
delivery and assay of the gold?

As mentioned above, MT 103 On transfer is a form of payment guarantee. Like any


other form of payment guarantee, it is required to enable the seller to send MT 600 SKR (proof of
product), TTM invitation and ATV to inspect the gold at the seller’s warehouse. It is only after TTM,
delivery and satisfactory assay of the product that the buyer authorize the seller’s fiduciary bank to
remit the buyer’s fund from the general ledger (under Swift MT 940 account statement) to the seller’s
fiduciary account which will then trigger the ownership transfer of the product to be registered in
buyer’s name.

4. What is the security to the buyer upon sending the MT 103 On transfer to the seller fiduciary?
bank?

The Seller fiduciary bank, upon receiving and authenticating the buyer’s On transfer will issue 2% PB
to the buyer which is cashable in event of non-performance by the seller. On the other hand, the seller
will draw upon the buyer’s On transfer if the buyer’s failed to perform.
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5. How sure are we that the buyer’s On transfer is safe and that the seller will not be
able to access the buyer’s money until delivery and assay of the product is completed?

MT 103 is a Swift financial instrument which is governed by SWIFT Rules and


Regulations and needs to be complied with by all participating financial institutions. Any banks which
fail to adhere to SWIFT rules will face the risk of being excluded from SWIFT payment networks and
no banks will want to face the possibility of being excluded from SWIFT payment networks. For that
reason, and because of the security that SWIFT offers, the seller only uses Swift payment mode for
its gold transaction procedures.

All Swift instruments are the same throughout the global banking industry in terms of procedures
and practices. In case of doubt, the buyer must consult their own banks for better understanding.

6. What is SWIFT MT 940? Is it sufficient if buyer only sends Swift MT 940 without White Copy, Black
Copy, Debit Note and Remittance Advice?

The SWIFT MT940 is called Customer Statement Message. It is basically a account statement
that provides detailed information about all entries booked to an account. By itself, SWIFT MT 940 is
at best only a proof of fund and not a payment guarantee. Therefore, it won’t be accepted by the
Seller.

For Swift MT 940 to be accepted by the seller, it must contain the debits or payment in favor of the
seller for the amount provided in the commercial invoice and this must be clearly indicated in the
Ledger Account to be transferred to the Seller’s fiduciary bank. For this reason, there must be white
copy, black copy, debit note and remittance advice. That is why it is termed as
Transfer and not Wire Transfer as all transactions (by the buyer’s bank as well by seller’s fiduciary
bank) are all indicated and shown in the ledgers.

So, after delivery of the gold by the seller to the buyer and after satisfactory assay, the buyer will
only need to authorize the seller’s fiduciary bank to remit the money from the buyer’s general ledger
via actual MT 103/TT to the seller’s fiduciary account.

So, MT 103 On transfer is not the same as MT 103 / TT Wire Transfer.

The Seller has the assurance of being paid.


The buyer has the assurance that no actual payment to the seller will be made until delivery and
satisfactory assay has been done.

This is to provide equity and fairness to both buyer and seller

Thank You.

NOTE:
THE BUYER SHOULD UNDERSTAND THE PROCEDURES CLEARLY BEFORE ACCEPTING THE SELLER’S TRANSACTION
PROCEDURES.

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