1. YOS SAMNANG AGRICULTURE & CONSTRUCTION CO., LTD
WWW.YOSSAMNANG.COM
Date: --- ---- 2015
To: Financial Service Manager
President / CEO
MT799 PRE ADVISE PROCEDURE FOR BANK INSTRUMENT
BANK GUARANTEES (BG), CASH-BACKED
BUYER WE CONFIRM THE AMOUNT OF BG THAT HE NEEDS FROM THE SELLER
MINIMUM – 200 Million DOLLARS
MIXIMUM – 10 BILLION
ESCROW AMOUNT FEE – 300,000 DOLLARS TO BE DEPOSITED INTO ESCROW
ACCOUNT FOR MT799 (RWA)
DESCRIPTION OF INSTRUMENT:
Instruments: BANK GUARANTEES (BG), CASH-BACKED
Currency: EUROPEAN UNION CURRENCY - EURO (EUR)
Contract Amount:
Commission: TWO PERCENT (30%) OF FACE VALUE OF MT760
First Tranche of BG:
Settlement: ESCROW
Delivery: MT799 – MT760
Subsequent Tranches: TO BE MUTUALLY AGREED UPON, AS PER SCHEDULE OF
DELIVERY
We, __(Name of Buyer)___ , represented by its President - Mr. __(Signatory
Name)___, holder of __(Country)__ passport Number: _____________ , do
hereby confirm with full legal and corporate responsibility, under penalty of
perjury, that we are ready, willing and able to purchase with good, clean,
cleared and of non-criminal origins Euros, through our banking source the
banking instruments described below, derived from legal sources and of non-
criminal origin.
2. YOS SAMNANG AGRICULTURE & CONSTRUCTION CO., LTD
WWW.YOSSAMNANG.COM
TRANSACTION PROCEDURE
1. BUYER CONFIRM THE AMOUNT OF BG THAT HE NEEDS FROM SELLER
2. SELLER WE CONFIRM AND REPLY BACK THE AMOUNT OF FEE THAT WILL
BE PAID TO ESCROW ACCOUNT BY THE BUYER.
3. SELLER WE PROVIDE AN ESCROW ACCOUNT TO BUYER ,WHICH SELLER
AND BUYER CAN NOT TOUCH OR MOVE ESCROW OR HAVE ANY ACCESS
TO THE ESCROW FEE UNTIL THE BUYER RECEIVE THE PRE ADVISE MT799
(RWA) WHICH THE BUYER BANK WE CONFIRM AND VERIFIES,
4. BUYER WE SUBMIT PASSPORT COPY AND THE ACCOUNT TO RECEIVE THE
MT799 PRE ADVICE ( RWA)BCL
STEP TWO (2)
5. AFTER CONFIRMATION OF THE ESCROW FEE BY BOTH PARTIES, SELLER
WITHIN 3 BANKING DAYS SELLER WILL INSTRUCT HIS BANK TO SEND
MT799 PRE ADVICE TO BUYER BANK, BUYER BANK CONFIRM THE PRE
ADVISE MT799 (RWA) BCL AND VERIFIES
6. BUYER BANK CONFIRM AND VERIFY THE PRE ADVICE MT799 AND
RELEASE ESCROW WITHIN 24 HR
7. 30% OF THE BG MT760 WE BE PAID TO SELLER RECEIVING BANK COORDINATE
ONCE THE MT760 IS RECEIVE BY BUYER...ONCE IS ACCEPTED BY BUYER AND
SELLER…
SELLER PLACE A PERCENTAGE ON THE BG TO BE ISSUE BY MT760..SELLER
AND BUYER WE AGREE ON THE PERCENTAGE TO BE RECEIVE BY SELLER
ONCE THE MT760 IS BEEN RECEIVE BY BUYER .SELLER HAVE A
PERCENTAGE ON THIS MT760 ONCE IS RELEASE..BUYER AND SELLER WE
AGREE ON THE PERCENTAGE …
8. SELLER’S BANK WITHIN 48 HR WILL SEND THE MT 760 INSTRUMENT TO
BUYER BANK. BUYER BANK CONFIRMS AND VERIFY TO SELLER BANK FOR THE
ACCEPTANCE OF THE BG MT760 AND RECEIPT OF INVOICE FOR INSURANCE
SECURITY DEPOSIT OF THE FACE VALUE
3. YOS SAMNANG AGRICULTURE & CONSTRUCTION CO., LTD
WWW.YOSSAMNANG.COM
9. BUYERS SELLERS BANK VERIFIES, AUTHENTICATES AND PAYS FOR THE 30%
BG PERCENTAGE TO ANY SELLER RECEIVING BANK COORDINATE TO RECEIVE
THE PERCENTAGE BAGAIN BETWEEN SELLER AND BUYER,
8. SELLERS BANK WITHIN THREE BANKING DAYS OF RECEIPT OF FULL INVOICE
PAYMENT, SENDS THE HARD COPY ORIGINAL BG TO BUYER BY BANK-BONDED
COURIER
SPECIMEN VERBIAGE OF SWIFT MT-799 PRE-ADVICE
(TO BE SENT BANK-TO-BANK BY SWIFT)
QUOTE:
PLEASE ADVISE YOUR CLIENT - ___(NAME OF BUYER)___ , IBAN:
GB_______________
BUYER´S CODE: ___________________
CONTRACT NUMBER: ___________________
WE, HSBC BANK PLC, LONDON, UNITED KINGDOM, HEREBY IRREVOCABLY
CONFIRM WITH FULL BANK RESPONSIBILITY THAT WE ARE READY TO ISSUE AND
DELIVER BANK GUARANTEES (BG) ON BEHALF OF OUR CLIENT IN THE TOTAL
AMOUNT OF BG (AMOUNT OF BG) EACH, AS PER CONTRACT SCHEDULE OF
DELIVERY AND IN FAVOUR OF YOUR CLIENT - ___(NAME OF BUYER)___ FOR
ACCOUNT # _____________________ / IBAN: GB_____________________ .
THIS SWIFT MESSAGE IS VERIFIABLE ON A BANK-TO-BANK BASIS, WHICH
DELIVERY SCHEDULE SHALL BE ACTIVATED WITHIN TWO (2) BANKING DAYS
AFTER RECEIPT OF INVOICE CLEARANCE FROM OUR CLIENT, FOR INSURANCE
AND BANK HANDLING/ESCROW CHARGES,
4. YOS SAMNANG AGRICULTURE & CONSTRUCTION CO., LTD
WWW.YOSSAMNANG.COM
DELIVERY
WEEK
NUMBER OF
BG`S PER
WEEK
FACE VALUE OF
EACH BG IN EUR
TOTAL FACE VALUE
OF BG´S
DELIVERED
INVOICE AMOUNT
70%
PER BG / WEEK
1 2 500,000,000 1,000,000,000 500,000,000
2 2 500,000,000 1,000,000,000 500,000,000
3 4 500,000,000 2,000,000,000 1,000,000,000
4 4 500,000,000 2,000,000,000 1,000,000,000
5 4 500,000,000 2,000,000,000 1,000,000,000
6 4 500,000,000 2,000,000,000 1,000,000,000
7 4 500,000,000 2,000,000,000 1,000,000,000
8 4 500,000,000 2,000,000,000 1,000,000,000
9 4 500,000,000 2,000,000,000 1,000,000,000
10 4 500,000,000 2,000,000,000 1,000,000,000
11 4 500,000,000 2,000,000,000 1,000,000,000
TOTAL: 40 20,000,000,000 10,000,000,000
THERE WILL BE NO LIENS AND ENCUMBRANCES ON THESE INSTRUMENTS WHICH SHALL BE
ALL DELIVERED TO YOUR BANK AND AVAILED VIA SWIFT MT760 AND THE EXACT FORMAT OF
EACH BANK GUARANTEE SHALL BE AS FOLLOWS:
THIS BANK GUARANTEE IS CONSTRUED, GOVERNED BY AND ISSUED IN ACCORDANCE WITH
THE RULES, REGULATIONS AND PRACTICES AS SET FORTH BY THE INTERNATIONAL CHAMBER
OF COMMERCE (ICC), PARIS, FRANCE, PUBLICATION 500, LATEST REVISION
5. YOS SAMNANG AGRICULTURE & CONSTRUCTION CO., LTD
WWW.YOSSAMNANG.COM
NON-PERFORMANCE GUARANTEE:
Both Parties agree, with personal and corporate responsibility, that Two
Percent (2%) damage fee will apply to a Party that fails to perform. The 2%
shall apply in both cases, either when the Seller had sent a CORPORATE
INVOICE with Pre-Advice and the Buyer’s Bank will not respond, and/or when
the Buyer’s Bank had sent a Pre-Advice acceptance by SWIFT to the Seller’s
Bank and no BG will follow from the Seller´s Bank by SWIFT MT-760 after
getting the Pre-Advice acceptance from the Buyer´s Bank. Both Parties must
first reconfirm with their respective Bank Officers that the present contractual
terms and conditions are acceptable to banks compliance department prior
to entering into and signing any final......
AGREEMENT EXECUTION:
Each party to this Agreement represent that it has Full Legal Authority to
execute this Agreement and agree to be bound by the Terms and Conditions
set forth herein, as well as that this Agreement may be executed
simultaneously by and between the Parties via E-mail and/or facsimile
Transmission, which should be all deemed as Original. Any statements made
herein by either party are all made under penalty of perjury.
FORCE MAJEURE:
Neither Party to this Agreement shall be responsible for bbreach of Contract
caused by an act of God, ccivil insurrections, military war ooperation or any
local eemergency. The Parties hereby accept the International pprovision of the
“FORCE MAJEURE” as defined by ICC 458, Publications, whichever relates and
applies to the issuance of Bank Guarantee(s).
6. YOS SAMNANG AGRICULTURE & CONSTRUCTION CO., LTD
WWW.YOSSAMNANG.COM
NON-CIRCUMVENTION & NON-DISCLOSURE:
The parties herein agree the non-circumvention/non-disclosure rules of ICC,
latest edition, shall apply to the transaction for a period of (5) five years from
the date of execution of this agreement by the undersigned, his/her assigns,
agents, and/or heirs. This NC/ND also applies to any and all other transactions
direct or indirect. Regarding this transaction and its possible rollovers and
etensions, each Party and their respective intermediaries warrant not revealing
the Banking Coordinates, provided herein, to any individual or institution other
than those Banking Officers necessary for completion of this transaction.
PASSPORT COPY OF THE BUYER
