Professional Documents
Culture Documents
NAME : ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
PASSPORT NUMBER : ………………………………………………..
ENTERED INTO THIS AGREEMENT AT THE DATE OF ……………., JULY ,,,, 2020, BOTH
PARTIES AGREE TO TRANSFER AND ASSIGN ALL OF HIS RIGHTS TITLE THE BANK
INSTRUMENT (BG/SBLC), WITH TERM AND CONDITION AS MENTIONED BELOW :
ARTICLE 1
BANK INSTRUMENT (BG/SBLC)
THE SECOND PARTY WILL TRANSFER HIS RIGHT OR TRANSFER HIS OWNERSHIP TO THE
FIRST PARTY THE FOLLOWING BANK INSTRUMENT (BG/SBLC) BELOW.
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1.8 ISSUING BANK :
BANK ADDRESS :
ARTICLE 2
PAYMENT CONDITIONS
BOTH PARTIES AGREE TO (RT-HO) OF THE BANK INSTRUMENT (BG/SBLC) AS SPECIFIED
BELOW :
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ACCOUNT NUMBER : …………………………………..
SWIFT CODE : …………………………………..
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT NUMBER :
SWIFT CODE :
BANK OFFICER :
BANK TEL NUMBER :
BANK FAX NUMBER :
BENEFICIARIES : ……………………………………………..
SPECIAL WIRE INSTRUCTION : THE REMITER IS KNOW TO US, AND THIS IS DONE
BY FULL BANKING RESPONSIBILITY, AND WE ARE
SATISFIED AS TO THE SOURCE OF FUNDS SENT TO
US, “TRANSFER INSTRUCTION SHALL STATE
:FUNDS ARE CLEAR AND CLEAN OF NON-
CRIMINAL ORIGIN AND ARE PAYABLE IN CASH
IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S
BANK”
REQUIRED INSTRUCTION : PLEASE EMAIL CONFIRMATION TO :
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BANK FAX NUMBER :
BENEFICIARIES : ……………………………………………..
SPECIAL WIRE INSTRUCTION : THE REMITER IS KNOW TO US, AND THIS IS DONE
BY FULL BANKING RESPONSIBILITY, AND WE ARE
SATISFIED AS TO THE SOURCE OF FUNDS SENT TO
US, “TRANSFER INSTRUCTION SHALL STATE
:FUNDS ARE CLEAR AND CLEAN OF NON-
CRIMINAL ORIGIN AND ARE PAYABLE IN CASH
IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S
BANK”
REQUIRED INSTRUCTION : PLEASE EMAIL CONFIRMATION TO :
ARTICLE 3
PROCEDURES
BOTH PARTIES AGREE ALL PROCEDURES (RT-HO) OF THE BANK INSTRUMENT (BG/SBLC)
IN ARTICLE 3 WHICH IS MENTIONED BELLOW HAS TO BE DONE PROPERLY :
3.2 FIRST PARTY WILL OPEN THE WINDOW TIME FOR THE (3) DAYS (3X24 HOURS)
WITHIN FIVE (5) BANKING DAYS TO THE SECOND PARTY TO CONDUCT BANK
VERIFICATION BY SWIFT SYSTEM ONLY, BEGINNING AT THE DATE
OF…………………..DAY,………..………,2018 ; HOUR :………….;00 AM/PM –
SINGAPORE TIME, AND IT SHALL CLOSE AT THE DATE OF …………..DAY,
………..,2018; HOUR:………..:OO AM/PM – SINGAPORE TIME. IN THE EVENT THAT
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THE SECOND PARTY DOES NOT GIVE INSTRUCTION TO THE FIRST PARTY TO OPEN
THE WINDOW TIME IN THE FIRST FIVE DAYS, THE FIRST PARTY WILL
AUTOMATICLY OPEN THE WINDOW TIME ON THE SIXTH DAY.
3.4 AFTER FIRST PARTY’S BANK HAS RECEIVED THE SWIFT MT.799/760 FROM
………………………………. (ISSUING BANK) AND THE VERIFICATION RESULT IS
CONFIRMED TO BE CORRECT,VALID,ACCEPTED, AND INCLUDES THE AUTOMATIC
RECEIPT FROM THE FIRST PARTY BANK , THE FIRST PARTY WILL TRANSFER (75%
OF EMMISION) CASH OF THE TOTAL AMOUNT OF EVERY BANK INSTRUMENT (BG)
VIA SWIFT MT.103 TO……………(SECOND PARTY BANK ACCOUNT) AS PER
(ARTICLE 2.3.1), AND ALSO FIRST PARTY WILL SWIFT THE BALANCE PAYMENT OF
(......% EMMISION) FROM EVERY TRANCHE OF THE BANK INSTRUMENT (BG) VIA
SWIFTH MT-103 (ICBPO) AS PER THE BANK COORDINATES IN THIS AGREEMENT
(ARTICLE: 2.3.1-2.3.3 – 2.3.5).
3.5 IF REQUIRED, FIRST PARTY SHALL ASSIST THE SECOND PARTY TO OPEN A NEW
BANK ACCOUNT AT THE DEVELOPMENT BANK OF SINGAPORE (DBS) HEAD OFFICE
AS THE RECEIVING ACCOUNT OF THE PAYMENT FROM FIRST PARTY WITHIN (8)
HOURS AFTER SUCCESFUL VERIFICATION AND AUTHENTIFICATION OF THE FIRST
TRANCHE OF THE PRE ADVICE MT.799 BANK INSTRUMENT (BG/SBLC).
3.6 BOTH PARTIES AGREE THE ORIGINAL (HARD COPY) OF THE BANK INSTRUMENT
(BG/SBLC) WILL BE RECEIVED BY THE FIRST PARTY’S BANK WITHIN EIGHT (8)
DAYS AFTER SUCCESFULL VERIFICATION AND AUTHENTIFICATION OF THE SWIFT
MT.760. THE ORIGINAL (HARD COPY ) OF THE BANK INSTRUMENT (BG/SBLC) WILL
DELIVERED BY BONDED BANK COURIER TO THE FIRST PARTY’S BANK.
3.7 AFTER ALL OF THE TERMS IN ARTICLE 3 AND THE RT-HO OF BANK INSTRUMENT
(BG/SBLC) IS COMPLETED, THE DEPOSIT OF EUR. 5,000.( FIVE THOUSAND EUR)
BOND WILL BE RETURNED BANK TO THE SECOND PARTY.
3.8 IN THE EVENT THE SWIFT HAS NOT YET BEEN IMPLEMENTED FROM THE ISSUING
BANK AND/OR THE SWIFT HAS NOT BEEN RECEIVED AND ACCEPTED IN THE
RECEIVING BANK EUR. 5,000 BASED ON THE OFFICIAL A.R (AUTOMATIC RECEIPT)
THE SECOND PARTY SHALL BE CONSIDARED A NON–PERFORMER. HOWEVER, THE
SECOND PARTY CAN APPLY WITHIN FIVE (5) BANKING DAYS OF THE END DATE OF
THE MOA TO THE FIRST PARTY TO CONDUCT AN’ON THE SPOT’ PROCEDURE
INSIDE THE ISSUING BANK . THE SECOND PARTY SHOULD BE WILLING TO BEAR
THE COST OF THE “ON THE SPOT” PROCEDURE INCLUDING THE “EXTENSION “ OF
THE SPECIFIED MOA . IF THE SECOND PARTY DOES NOT TAKE THE OPTION OF THE
“ON THE SPOT” PROCEDURE IT IS THEREFORE CONSIDERED A FAILURE BY THE
SECOND PARTY AND THE SECOND PARTY SHALL BE DEEMED TO BE A NON-
PERFORMER.
3.9 BOTH PARTIES AGREE TO SIGN THE CLOSING TRANSACTION ANY SUCH
TRANSACTION RESULTS (REALIZATION MEMORANDUM FORM ATTACHED).
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ASSOCIATES TO COMMUNICATE TO THE OTHER PARTY’S BANK SHALL RESULT IN
IMMEDIATE CANCELLATION OF THIS MOA. THE OFFENDING PARTY’S SHALL BE
CONSIDARED TO BE IN DEFAULT A VALID “AR” (AUTOMATICE RECEIPT) TO
INITIATE BANK TO BANK COMMUNICATION.
ARTICLE 4
BANK COORDINATES (ATTAHCMENT)
ARTICLE 5
NEGLIGENCE
5.1 IF THE SECOND PARTY’S BANK DOES NOT SEND THE SWIFT MT-799/760 TO THE
FIRST PARTY’S BANK COORDINATES WITHIN THE WINDOW TIME AS AGREED 3.2.
OF THIS AGREEMENT, OR THE SECOND PARTY CANNOT PROVIDE A VALID
AUTOMATIC RECEIPT AS ISSUED BY THE RECEIVING BANK IT IS CONFIRMED THAT
THE SECOND PARTY HAS DEFAULTED ON HIS OBLIGATION IN THIS AGREEMENT.
THEREFOR THE REFUNDABLE DEPOSIT IN THE AMOUNT OF USD.5,000 AS
SPECIFIED IN ARTICLE 3.1 OF THIS AGREEMENT, WILL BECOME THE FIRST
PARTY’S RIGHT.
ARTICLE 6
AGREEMENT PERIOD
THIS AGREEMENT REMAINS VALID FOR EIGHT (8) BANKING DAYS FROM THE DATE OF
EXECUTION OF THIS MEMORANDUM OF AGREEMENT UNLESS AN EXTENSION HAS BEEN
AGREED TO BY THE FIRST PARTY.
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ARTICLE 7
PERIOD EXTENSION OF THE BANK INSTRUMENT (BG/SBLC)
BOTH PARTIES AGREE THAT THE BANK INSTRUMENT (BG/SBLC) CAN BE EXTENDED A
MAXIMUM OF TWICE OR EQUAL TO TWO (2) YEARS, WITH TERMINATION ADVICE BEING
PROVIDED THIRTY (30) DAYS BEFORE THE MATURITY DATE. THE SECOND PARTY HAS TO
SEND A WRITTEN CONFIRMATION CONCERNING THE EXTENSION TO THE FIRST PARTY,
AND THE SECOND PARTY SHALL BE OBLIGED TO PAY FOR PREVAILING BANK INTEREST
AT THE SAID TIME IN CASH IN FULL.
ARTICLE 8
MISCELLANEOUS, ARBITRATION & GOVERNING LOW
ANY DISPUTE ARISING OUT OF OR IN CONECTION WITH THIS CONTRACT, INCLUDING ANY
QUESTION REGARDING ITS EXISTENCE , VALIDITY OR TERMINATION, SHALL BE
REFERRED TO AND FINALLY RESOLVED BY ARBITRATON IN SINGAPORE IN ACCORDANCE
WITH ARBITRATION RULES OF SINGAPORE INTERNATIONAL ARBITRATION CENTRE
(“SIAC”) FOR THE TIME BEING IN FORCE, THE TRIBUNAL SHALL CONSIST OH THE
ARBITRATORS TO BE APPOINTED BY CHAIRMAN OF ‘SIAC” THE LANGUAGE OF
ARTBITRATION SHALL BE ENGLISH. THIS CONTRACT IS GOVERNED BY THE LAW OF
REPUBLIC OF SINGAPORE.
ANY AGREEMENT OR LETTER OF INTENT MADE BY THE SECOND PARTY AND “THE THIRD
PARTY” CAN NOT AFFECT THIS MEMORANDUM OF AGREEMENT UNLESS IT IS SPECIFIED
IN THIS MEMORANDUM OF AGREEMENT, AND THE SECOND PARTY CAN NOT INVOLVE OR
ASK FOR ANY RESPONSIBILITY (INFERED OR ACTUAL) FROM THE FIRST PARTY THAT IS
ASSOCIATED WITH ANY AGREEMENT OR LETTER OF INTENT MADE BY THE SECOND
PARTY AND “THE THIRD PARTY”.
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JAKARTA, …………….., JULY …. 2020
FOR AND ON THE BEHALF OF THE FOR AND ON THE BEHALF OF THE
FIRST PARTY SECOND PARTY
…………………………………… …………………………………….
PASSPORT NUMBER : PASSPORT NUMBER :
WITNESSES:
………………………. …………………………………….
PASSPORT NUMBER : PASSPORT NUMBER :
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