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VIEWS: 4 PAGES: 11

  • pg 1
									Transaction code               :
USD Provider code              :
EUR Provider code              :

                                   SAMPLE AGREEMENT
            PRIVATE CURRENCY TRANSACTION AGREEMENT
                       EURO HOLDER IS BUYING USD
 Normally the USD provider is the seller and Euro provider the Buyer. BUT
This is a private foreign currency transaction agreement and the four (4) attached Appendixes
are entered on this day, September 29, 2011 by and between:

USD PROVIDER               :
Address                    :


Telephone                  :
Facsimile                  :
E-mail                     :
Represented by             :

Telephone                  :
Facsimile                  :
E-mail                     :

                                   (Hereinafter referred to as USD Provider)

                                             AND

EURO PROVIDER              :

Address                    : X

Telephone                  : X
Facsimile                  : X

Represented by             :

Passport                   : X
E-MAIL                     : X

                                   (Hereinafter referred to as Euro Provider)

WHEREAS, the USD Provider presents the legal tender United States Dollars (USD) available
and warrants that they are good, clean, clear, of non-criminal origin, free from any liens and taxes,
freely transferable to be transacted against Euros (EURO).

WHEREAS, the EURO Provider presents the legal tender Euros (EURO) available and warrants
that they are good, clean, clear, of non-criminal origin, free from any liens and taxes, freely
transferable to be transacted against United States Dollars (USD).




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                       SAMPLE AGREEMENT
WHEREAS, the Parties wish to enter into this agreement for the transfer of United Sates Dollars
(USD) against Euros (EURO) under the following terms and conditions:

STATEMENT:                 Both undersigned Parties, with full personal and corporate responsibility,
                           under penalty of perjury, do hereby confirm that they are ready, willing and
                           able to transfer good, clean, clear, legally owned and of non criminal origin
                           United Sates Dollars, against good, clean, clear, legally owned and of non
                           criminal origin Euros (EURO). This currency transaction is a SWIFT to
                           SWIFT process, according to an agreed Bank to Bank procedure, at the
                           USD/EURO transfer rate on the day of the transaction, as per the following
                           conditions and procedures:

DESCRIPTION OF THE UNITED STATES DOLLARS (USD)

Currency                          :    United States Dollars
Origin of Currency                :    United States of America
Currency Issue                    :    Current Valid Currency
Currency Destination              :    Free from any liens or Encumbrances
                                      Freely Tradable in any country

DESCRIPTION OF EURO (EURO)

Currency                          :    Euro (EURO)
Origin of Currency                :    European Union
Currency Issue                    :    Current Valid Currency
Currency Destination              :    Free from any liens or encumbrances
                                      Freely Tradable in any country

1. VOLUME OF TRANSACTION.

1.1. - United States Dollars (USD) in the amount of $50,000,000,000 (US Fifty Billion), with
       a possibility of extensions and rollovers by mutual consent of the parties.

1.2. - Extensions to be agreed upon in writing at least five (5) banking days prior to the supposed
       transaction

2. CURRENCY TRANSFER RATE:
      Currency transfer rate is agreed as the official Interbank currency transfer rate as of the date
      of the transfer. The day when the EURO funds are deposited for the transaction is
      considered as transaction date. The Bonus shall be Gross 15% and Net 10% for the benefit
      of the EURO Provider/Buyer. Example: Per each $100 USD the Buyer/EURO provider shall
        pay the equivalent value in EUROS to $85 USD on the day of each tranche.

3. CONSULTANCY FEE:

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                         SAMPLE AGREEMENT
        5% of the transaction value with the split of 2.5% to Seller’s Side, 2.5% to Buyer’s Side.
        Upon completion of each tranche, the EURO Provider Bank shall pay bonuses to their duly
        appointed Central Escrow Agent for further distribution in accordance with the provisions of
        APPENDIX 4 hereof.

4. TIME OF DELIVERY
      Tranches are to be made according to the Procedure as prescribed in Art. 9 of the
      Agreement and Appendix 3

5. TERM OF AGREEMENT
      This Agreement remains in full force and effect until completion of the transaction and is
      legally binding upon the Parties, their heirs, successors and assigns, agents, principals,
      attorneys and all associated Parties involved in the transaction. If the transaction does not
      start within 7 working days after signing this contract then this transaction agreement is
      considered to be null and void.

6. CODES OF IDENTIFICATION
      Both Parties agree that all documents related to this transaction bear the codes listed on
      page 01 of this Agreement and that the said codes remain unchangeable within this
      Agreement’s duration, including all rollovers, extensions and additions.

7. COSTS
7.1. - Each Party, individually and separately, accepts liabilities on taxes, impost, levies, and
       duties Or charges that may be applicable while the execution of their institutional role.

7.2. - Each Party individually and separately, is liable for their institutional costs, fees etc.

8. BANKING
8.1. - The USD Provider’s bank coordinates are shown in Appendix 1.

8.2. - The EURO Provider’s coordinates are shown in Appendix 2

8.3. - Both Parties confirm that their respective bank officers are fully aware of the referenced
       transaction, and are ready to adhere to and proceed within terms and conditions of this
       Agreement.

The Parties must follow the guidelines provided by the rules of the banks on the Anti-Terrorism Act
and the Patriot Act I and II. The Seller and Buyer will not be held responsible for any harmful money
laundering.




        _______________ Seller’s initials                         ____________ Buyer’s initials



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                 SAMPLE AGREEMENT
9. TRANSACTION PROCEDURES

9.1.    The EURO Provider completes his part of the draft contract including banking details,
        amends it, if necessary, signs it and sends it back.

9.2.    The USD Provider completes his part of the draft contract, including banking details,
        counter-signs the contract and returns it to the EURO Provider.

9.3.    Both parties instruct their respective banks accordingly.

        The EURO Provider’s bank shall, within 2 business banking days of the counter-signed
        contract being received from the USD Provider, deliver a Conditional SWIFT transfer of
        EURO to the USD Provider’s bank. (MT103/23)

9.4.    The USD Provider’s bank after verification and authentication of received SWIFT shall
        perform an Unconditional SWIFT transfer of USD funds to the account stipulated by the
        EURO Provider.

9.7.    The EURO Provider’s bank immediately, upon receiving and confirming USD transfer
        notice, should release EURO funds to the USD Provider’s nominated bank.

9.8.    The buyer/buyer’s bank will pay all commissions, as per the Fee Protection Agreement,
        immediately same time upon completion of each tranche.

9.9.    Subsequent tranches follow as per Agreement until the funds are exhausted.

10. AMENDMENTS OR SUPPLEMENTS
      Amendments or supplements to this Agreement are valid only when made in writing and
      duly signed by both Parties.

11. NON –CIRCUMVENTION AND NON –DISCLOSURE
      The Parties are bound by the Non-Circumvention and Non-Disclosure provisions, as
      established by the last publication issued by the ICC, PARIS in question.

12. FORCE MAJEURE
      The Parties hereto shall not be liable for any failure to perform under the “FORCE
      MAJEURE” Provisions of the ICC, Paris.




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                               SAMPLE AGREEMENT

13. PENALTY AND NON-PERFORMANCE

13.1. The USD Provider and EURO Provider have the right to claim from one another in the
      form of liquidated damages, an agreed amount equivalent to Two percent (2%) of the initial
      tranche amount. This is payable by the defaulting party to the aggrieved party in the event
      of non-performance or commitment of a breach of the respective terms or conditions of this
      agreement in accordance with the time frames under the paragraphs of the Procedure.

13.2. Termination of this contract by either party would make the terminating party liable to
      damages to the performing party.

14. CONFIDENTIAL INFORMATION SECURITY

        In connection with the Private Foreign Currency Exchange Agreement hereunder, the
        Parties will provide the each other with the information concerning the designated fiduciary
        banks originating in writing by each Party and is designated as confidential which the
        Parties hereby agree to treat as “Confidential Information”. The Parties understand and
        agree that any Confidential Information disclosed pursuant to this Agreement is secret,
        proprietary and of great value to each Party which value may be impaired if the secrecy of
        such information is not maintained. The Parties further agree that they will take reasonable
        security measures to preserve and protect the secrecy of such “Confidential Information”
        and will hold such information in trust and not to disclose such information, either directly
        or indirectly to any person or entity during the term of this Agreement or any time
        following the expiration or termination hereof; provided, however, that the Parties may
        disclose the Confidential Information to an assistant, agent or employee who has agreed in
        writing to keep such Information confidential and to whom disclosure is necessary for the
        providing of services under this Agreement.

15. COMMUNICATION

15.1. - Communication with banks will be limited to those between the USD Provider’s bank and
        the EURO Provider’s bank and only by SWIFT between authorized bank officers in the
        course of completion of this transaction. No communication by any other Party is permitted
        without prior written consent of the named account holders. All other communication by
        telephone, e-mail, fax, or telex to the Provider’s banks is unauthorized and will lead to
        cancellation of this transaction immediately making this Agreement null and void.

15.2.- Any notice to be given hereunder from either Party to the other shall be in writing and shall
       be delivered by registered mail to the mail address or by e-mail/fax to the e-mail
       address/telefax number of the respective Party as provided herein. The Parties agree that
       acknowledged e-mail/telefax copies are treated as legally binding original documents.




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                               SAMPLE AGREEMENT

16. JURISDICTIONS AND ARBITRATION

        This document is a full recourse commercial contract concluded under the laws of the
        UNITED KINGDOM, which jurisdiction shall govern the construction, interpretation,
        execution, validity, enforceability, performance and any other matters of this Agreement,
        including breach or claim of breach thereof. All disputes arising out of or in connection
        with the present contract shall be finally settled under the Rules of Arbitration of the
        International Chamber of Commerce by three arbitrators appointed in accordance with the
        said Rules. The venue of the arbitration will be LONDON, UNITED KINGDOM and the
        language will be English.

17. FULL UNDERSTANDING

17.1.- The latest edition/signature of this Agreement, executed by both Parties in originals,
       represents the full understanding between the Parties and supersedes all other
       understandings, whether verbal or written. All statements and representations are made
       without any omission of material fact and with full corporate and legal responsibility under
       penalty of perjury.

17.2.- The Parties hereto accept that should the present Agreement partially or in full be found
       invalid or unenforceable pursuant to judicial decree or by virtue of any international
       regulations related to bank confirmation of USD/EURO validity, this Agreement shall be
       reconstructed upon mutual consent and agreement of both Parties to this commercial
       Agreement.

17.3. - Until the physical transmission of original hard copies, the acknowledged fax copies of
       this Agreement shall be deemed original (Article 15).

18. LEGAL AUTHORIZATION

        Both Parties confirm that each of them is fully empowered, legally qualified and duly
        authorized by resolution of their respective managerial bodies to instruct their respective
        banks and to execute and deliver this Agreement, as well as to be bound by its terms and
        conditions.




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                               SAMPLE AGREEMENT

19. LEGAL EXECUTORS OF THE PARTY

        FOR THE USD PROVIDER            : .
        Passport No.                    : ……….
        Nationality                     : ..

        FOR THE EURO PROVIDER : .
        Passport No.          : ……….
        Nationality           : ..

IN WITNESS WHEREOF, the Parties hereto have agreed to all the terms and conditions
contained herein, including the four (4) Appendixes that follow this signature page, as
evidenced by their authorized signatures below

DATED THIS DAY: 29 September 2011                        DATED THIS DAY 29 September 2011
For the USD Provider:                                  For the EURO Provider:




____________________                                    ____________________
(Signature, Name, Title)                               (Signature,)
                                                        [NAME]
                                                        CHAIRMAN OF THE BOARD




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                               SAMPLE AGREEMENT
APPENDIX 1

USD PROVIDER’S BANK COORDINATES


1.1 USD PROVIDER’S BANK TO RECEIVE EURO AND SWIFT USD:

Bank Name                        :
Street                           :
City                             :
Country                         :
Account name                     :
Account n                       :
Iban code                        :
Swift code                       :
Bank officer                     :



APPENDIX 2
EURO PROVIDER’S BANK COORDINATES

1. EURO PROVIDER’S BANK TO SWIFT EURO AND RECEIVE USD:


Bank Name                        :
Street                           :
City                             :
Country                         :
Account name                     :
Account n                       :
Iban code                        :
Swift code                       :
Bank officer                     :




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                               SAMPLE AGREEMENT
                                     APPENDIX 3

THE SCHEDULE OF TRANCHES
Note: This is for the SALE of EUROS not dollars. This is but a sample document.

The total amount of the Agreement shall be equal to $50,000,000,000,000.00 United States
Dollars with extensions and rollovers as per mutual agreement. Any changes hereto must be
agreed mutually in writing and lodged with the banks and the Intermediaries’ Paymasters at least
five (5) banking days in advance of the proposed date of exchange. Exchanges on a national
holiday are to be executed the next subsequent banking day.

Target Tranche Schedule:

TRANCHE 1:

        The first tranche will be USD 49,500,000.00 (USD Forty Nine Million Five Hundred
        Thousand), the subsequent tranches will be mutually agreed by both Parties. The first
        tranche should be realized by the Seller on_______, 2007.

TRANCHE’S 2

The Second tranche will be USD 00,000.000.00 (USD Million Thousand), the subsequent
tranches will be mutually agreed by both Parties. The second tranche should be realized by
the Seller on___________, 2007


DAY                TRANCHE AMOUNT                 FREQUENCY (PER DAY)

1                    USD 50 MILLION                       x 1 (ONE)
2                    USD 500 MILLION                      x 1 (ONE)
3                    USD 500 MILLION                      x 2 (TWO)
4                    USD 1 BILLION                        x 2 (TWO)

[ Continues……………..]




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                               SAMPLE AGREEMENT
APPENDIX 4
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT
A) EURO SIDE:

2.5 % (Two & half Percent)
Distributed between the following beneficiaries/paymasters:
 Actual breakdown determined by FPA’s submitted for the transaction

EURO SIDE COMMISSIONS                                   % out of the total 2.5%
Beneficiary 1 EURO(M)                                           0.00%
Beneficiary 2 Euro Int                                          0.00%
Beneficiary 3 USD Int                                           0.00%
Beneficiary 4 USD (M)                                           0.00%
TOTAL                                                           100%


B) USD SIDE INTERMEDIARIES:

2.5% (Two & half Percent)
Distributed between the following beneficiaries/paymasters:
  Actual breakdown determined by FPA’s submitted for the transaction

USD SIDE COMMISSIONS                                    % out of the total 2.5%
Beneficiary 1 (M)                                                00%
Beneficiary 2                                                    00%
Beneficiary 3                                                    00%
Beneficiary 4                                                    00%
Beneficiary 5 (M)                                                00%
TOTAL                                                           100%

DATED THIS DAY 29 September 2011

For the EURO Provider:


____________________
(Signature,)
[NAME]
[TITLE]
[COMPANY]
Passport No. :             X
Nationality :              [COUNTRY

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                               SAMPLE AGREEMENT

For the USD Provider:



____________________
(Signature,)
[NAME]
[TITLE]
[COMPANY]
Passport No. :             X
Nationality :              [COUNTRY]


-------THIS CONTRACT CONSIST OF (11) ELEVEN PAGES IN ENGLISH--------




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