You are on page 1of 14

AGREEMENT No: ………………………

SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

BETWEEN

SWIFT MT103-1WAY PROVIDER’S DETAIL:


COMPANY NAME :
ADDRESS :

COUNTRY :
REPRESENTED BY :
TITLE :
PASSPORT NUMBER :
ISSUE PLACE :
DATE OF EXPIRY :
EMAIL :

Hereinafter referred to as “The Provider”

AND

SWIFT MT103-1WAY RECEIVER’S DETAIL:


Company Name :
Company address :

Country :
Represented by :
Passport Number :
Date of Expiry :
Email :

Hereinafter referred to as “The Receiver” (BENEFICIARY OF SWIFT MT103-1WAY)

SWIFT MT103-1WAY NOMINATED ISSUING BANK COORDINATES:


PROVIDER RESERVES THE RIGHT TO CHANGE BANK PRIOR INFORMING RECEIVER
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NUMBER
SWIFT CODE/BIC

PROVIDER BANK COOREDINATES TO RECEIVE 5% (€ 00,000,000.00):


PROVIDER RESERVES THE RIGHT TO CHANGE BANK PRIOR INFORMING RECEIVER
Bank name :
Bank address :
Account name :
Account number :
SWIFT CODE :
Bank Officer :
Bank Telephone/E- :
mail

®PROVIDER ®RECEIVER
Page 1 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

RECEIVER’S BANK COORDINATES TO RECEIVE SWIFT MT103-1WAY:


RECEIVER RESERVES THE RIGHT TO CHANGE BANK PRIOR INFORMING PROVIDER
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NUMBER
SWIFT CODE/BIC

RECEIVER’S BANK COORDINATES TO PAY COST OF MT103-1WAY


RECEIVER RESERVES THE RIGHT TO CHANGE BANK PRIOR INFORMING PROVIDER
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NUMBER
SWIFT CODE/BIC

WHEREAS: The Receiver desires to receive SWIFT MT103-1way instrument from THE PROVIDER. THE RECEIVER
confirms with full corporate and legal responsibility to accept the SWIFT MT103-1way to be advised to his
nominated Bank account by THE PROVIDER’s Issuing Bank, and confirms further that funds are available to fulfill
the payment commitments to the requested MT103-1way instrument.  

WHEREAS: THE PROVIDER desires to issue/transfer the aforementioned SWIFT MT103-1way instrument to THE
RECEIVER. THE PROVIDER represents and warrants that it has the ability and resources to arrange through
associates, contacts and sources, with full corporate responsibility, financial instrument in the term of assignments
to be provided to THE RECEIVER. THE PROVIDER hereby declares under penalty of perjury that the SWIFT MT103-
1way will be backed by funds that are good, clean, clear, and free of non-criminal origin, the SWIFT MT103-1way
will be freed and cleared of all liens, encumbrances and third party interest.   The SWIFT MT103-1way instrument
is for credit enhancement only, no cash will follow.

Description of Instrument(s) and subject of the agreement:


1.1. The PROVIDER, in accordance with this agreement, undertakes to arrange/issue SWIFT MT103-ONE WAY
from above stated issuing bank, in favor of the RECEIVER as per below stated procedure.
1.2. SWIFT MT 103-ONE WAY face value is Five Hundred Million EURO (€ 500,000,000.00) with Rolls &
Extensions. The Maturity Period of the SWIFT MT 103-one way is One Year one Month.

The total amount of payment is equal to 5% +2% of MT103-ONE WAY Face value and this indicated amount the
RECEIVER wires transfer to the PROVIDER’s payment receiving bank account in accordance with the below
procedure

DESCRIPTION OF INSTRUMENT(S):
1. Instrument: SWIFT MT103 (One Way Blocked Funds)
2. Total Face Value: €500 Million with Rolls & Extensions
3. 1st Tranche €500 Million
4. Issuing Bank: Deutsche Bank AG
5. TOTAL PAY-OUT 5%+2%=7% OF THE TOTAL VALUE with distribution shares:
6. Sharing Ratio: 5% OF FACE VALUE TO THE PROVIDER
Bank fees will be deducted per wire transfer, and will be deducted from each

®PROVIDER ®RECEIVER
Page 2 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

respective wire transfer in advance.


2% OF FACE VALUE TO THE CONSULTANTS
Bank fees will be deducted per wire transfer, and will be deducted from each
respective wire transfer in advance.
7. Delivery: SWIFT MT103-1Way
8. Payment: SWIFT MT103-202 OR WIRE TRANSFER (SWIFT payment)
9. Duration of Payment: PAYMENT not later than 5 banking days from the date of successfully
RECEIPT/VERIFY THE SWIFT MT103-1 WAY on INTERBANK SCREEN

PROCEDURES:
1. THE PROVIDER and THE RECEIVER execute, sign and initial this Agreement along with IFPO / NCNDA,
Passport copies of signatories, which thereby automatically become a full commercial recourse contract.

2. Not later than 3 banking days RECEIVER Send a BPU letter from his bank to guarantee payment for the
Swift.

3. Within 2 banking days PROVIDER’s Bank transmits SWIFT MT103-1way to RECEIVER’s Bank and provides
swift transmission copy via email to RECEIVER’s follow up not later than 24 hours from issuing date.

4. After receipt/verify/ SWIFT MT103-1way (one way) shown on INTERBANK SCREEN, RECEIVER’s bank
effects the payments of 5% +2% = 7% of face value stated in this contract within 5 banking days from the
date of receipt of SWIFT MT103-1way.

DISPUTE CASE
Within 2 days after PROVIDER’s CLAIM that the SWIFT arrived to Receiver’s bank server and if final receiver not acknowledges
and not confirms this CLAIM and do not report that SWIFT MT103-one way has not arrived, THEN:

FINAL RECEIVER has to provide (within 2 days after PROVIDER’s CLAIM) official bank letter stating non-receipt and SCREEN-
SHORT COPY answer system about SWIFT MT103-one way from SERVER of receiving bank system’s computer (high
resolution) – showing the request of receiving bank into system with appropriate negative answer of the system OR The SWIFT
will be deactivated on the 3rd day after PROVIDER’s CLAIM.

ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE


INVOLVING ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IMMEDIATE CANCELLATION OF
THIS TRANSACTION AND SUBJECT THE VIOLATING PARTY TO DAMAGES.

NON-SOLICITATION
THE RECEIVER hereby confirms and declares that THE PROVIDER, its associates or representatives or any person
or persons on its behalf has/have never been solicited by any party, its shareholders or associates or
representatives in any way whatsoever that can be construed as a solicitation for this transaction or for future
transactions. 
Any delay in or failure of performance by either party of their respective obligations under this agreement shall
constitute a breach hereunder and will give rise to claims for damages if, and to the extent that such delays or
failures in performance are not caused by events or circumstance beyond the control of such party. 
 The term “Beyond the Control of Such Party “Include Act of War, Rebellion, Fire, Flood, Earthquake or other natural
disasters. Any other cause not within the control of such party or which is by exercise of reasonable diligence, the
party will be unable to foresee or prevent or remedy.  

ARBITRATION:

®PROVIDER ®RECEIVER
Page 3 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

All disputes and questions whatsoever which arises between the parties to this agreement and touching on this
agreement on the construction or application thereof or any account cost, liability to be made hereunder or as to
any act or way relating to this agreement shall be settled by the arbitration in accordance with the arbitration laws
of the ICC. 

This agreement contains the entire agreement and understanding concerning the subject matter hereof and
supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties
may alter, amend, nor modify this agreement, except by an instrument in writing signed by both parties. This
agreement will be governed by and construed in accordance with the laws of United Kingdom. In the event that
either party shall be required to bring any legal actions against the other in order to enforce any of the terms of this
agreement the prevailing party shall be entitled to recover reasonably attorney fees and costs. 

SIGNATURE PAGE

Signed for and on behalf of THE PROVIDER: 

_________________________________________________
COMPANY NAME :
ADDRESS :
COUNTRY :
REPRESENTED BY :
PASSPORT NUMBER :
ISSUED PLACE :
DATE OF EXPIRY :

Signed for and on behalf of THE RECEIVER: 

_____________________________________________________________________
COMPANY NAME :
ADDRESS :

®PROVIDER ®RECEIVER
Page 4 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

COUNTRY :
REPRESENTED BY :
PASSPORT NUMBER : 
ISSUED PLACE :
DATE OF EXPIRY :

APPENDIX 1
TEXT VERBIAGES OF SWIFT MT103-1WAY (ONE WAY)

TEXT SWIFT MT103-1way

From: Issuing bank detail

To: receiving bank detail

Date:

Subject: Message GLOBUS

MT103: Single Customer Credit Transfer

(20) Sender’s reference


(23B) Bank Operation Code
(32A) Value Date Currency Interbank Settled Amount
Date
Amount
(33B) Currency Instructed Amount
(50F) Ordering Customer
Party Identifier
Number1
Details1
Number2
Details2
(53B) Sender’s Correspondent
Party Identifier
(57A) Account with Institution

Identifier Code

(59) Beneficiary Customer

®PROVIDER ®RECEIVER
Page 5 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

Account
Name Address
(70) Remittance Information

(71A) Details of Charges

******************* END OF MESSAGE ****************

SAMPLE FORMAT OF MT103-1WAY PUT YOUR PREFERRED VERBIAGE.

WE, <NAME AND ADDRESS OF ISSUING BANK> ,  HEREBY IRREVOCABLY CONFIRM WITH FULL BANK RESPONSIBILITY THAT
FUNDS AMOUNTING xxxxx EUR (EUR xx0,000,000.00) ARE BLOCKED IN ACCOUNT NUMBER: XXXXXXXXXXXXX AS FOR THE
BENEFIT OF XXXXXXXXXXXXX. WE CONFIRM THAT THERE ARE NO LIENS OR ENCUMBRANCES ON THESE FUNDS.
 
WE ALSO CONFIRM THAT THESE FUNDS ARE LEGALLY EARNED, OF NON-CRIMINAL ORIGIN AND ARE FREELY AVAILABLE
UPON INSTRUCTION OF THE BENEFICIARY.
 
THIS UNCONDITIONAL, IRREVOCABLE, ASSIGNABLE, TRANSFERABLE CASH BACKED STANDING SWIFT MT1O3 TRANSFER
IS VALID FOR SAME DAY PAYMENT, THE DAY OF MATURITY DATE.
 
 THIS IS AN OPERATIVE BANK INSTRUMENT AND IS SUBJECT TO THE INTERNATIONAL CHAMBER OF COMMERCE (ICC),
PARIS, FRANCE, AND PUBLICATION NO. 500 AS IT RELATES TO BANK CREDIT INSTRUMENTS. THIS CALLABLE BANK
CONFIRMATION IS VALID FOR ONE (1) YEAR AND ONE (1) MONTH FROM THE DATE OF ISSUANCE HEREIN STATED AND
MAY BY VERIFIED ON A BANK-TO-BANK BASIS..
 
FOR AND ON BEHALF OF <NAME OF ISSUING BANK
 
 BANK OFFICER #1                                                                           BANK OFFICER #2
(TITLE/CODE)                                                                                      (TITLE/CODE)

APPENDIX 2
SPECIMEN VERBIAGE OF “BPU” BANK PAYMENT UNDERTAKING

To:
Bank officer:
Bank Name:
Bank Address:
Account Name:
Account No.:
SWIFT Code:
Tel:
Fax:
Email:

®PROVIDER ®RECEIVER
Page 6 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

Sub: Payment Undertaking

Dear Sir/ Madam,

We (Bank Name) Located at……………………(Bank Address) do hereby issue our Irrevocable payment
undertaking with full Bank responsibility that we are ready, able and willing to transfer Euro ….,000,000.00
(……………..million euro) via SWIFT/wire transfer to your client xxxxxx, account # , within 5-10 banking days
after fulfillment of obligations according to Agreement No. ……………………..

This irrevocable payment undertaking can be verified on bank to bank basis.

1 Officer 2 Officer
Name: Name:
PIN PIN
Seal Seal

APPENDIX 3
IRREVOCABLE FEE PAY ORDER “IFPO”

INTERNATIONAL CHAMBER OF COMMERCE (I.C.C.) NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING


AGREEMENT BANK INSTRUMENT DESCRIPTION:
1. Instrument: SWIFT MT103 (One Way Blocked Funds)
2. Total Face Value: € 500 Million with Rolls & Extensions
3. 1st Tranche € 500 Million
4. Issuing Bank: BARCLAYS or HSBC BANK PLC or Similar Rating Bank
5. TOTAL PAY-OUT 5% +2% = 7% OF THE TOTAL VALUE with distribution shares:
6. Sharing Ratio: 5% OF FACE VALUE TO THE PROVIDER
Bank fees will be deducted per wire transfer, and will be deducted from each respective
wire transfer in advance.
2% OF FACE VALUE TO THE CONSULTANTS
Bank fees will be deducted per wire transfer, and will be deducted from each respective
wire transfer in advance.
7. Delivery: SWIFT MT103-1WAY
8. Payment: SWIFT MT103-202 OR WIRE TRANSFER (SWIFT payment)
9. Duration of Payment: PAYMENT not later than 8-10 banking days from the date of successfully Receipt/verify
the SWIFT MT103-1Way on Inter Bank Screen.

We, ………………………………, REPRESENTED BY: Mr. …………………… holder of PASSPORT NUMBER: …………….. ISSUED
PLACE: ………………………., DATE OF EXPIRY: …………….. authorized signatory hereby, with full legal responsibility,
under PENALTY OF PERJURY of law, issue this Irrevocable Fee Pay order (Irrevocable Disbursement
Instrument/Payment Order) to the Paymasters named herein for Consultant Services rendered in connection with
the Sale & Purchase of MT 103-1WAY under the above-referenced codes, 2% of total face value amount of the
above-referenced transaction, payable to the Consultants’ Paymaster named herein. Such payment shall be made

®PROVIDER ®RECEIVER
Page 7 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

via SWIFT wire, without protest, delay or deduction and free of any bank charges (except for normal bank transfer
charges) local and notional taxes and liens, to the extent legally permissible.

We hereby acknowledge and confirm this Irrevocable Fee Pay Order is lodged to our bank and it shall be executed
upon commencement of the above referenced transaction.

The parties agree that the all fees stated are compensation for services rendered and are irrevocably and
unconditionally guaranteed to be paid by THE RECEIVER to THE PROVIDER who guarantees to unconditionally pay
all parties listed in this FPA by wire transfer simultaneously. The commission fees will be free of legal impediment
and free of any deductions, adding bank transfer fees, for this and all subsequent transactions between the parties.

In consideration of the mutual benefits to be derived by the associates or affiliated individuals, agents, companies,
designees, trustees or executors, it is understood and agreed that the parties hereto are mutually desirous of
effecting this business transaction in co-operation with one another for their mutual benefit and all signatory
parties agree to abide by the following terms and conditions:  
1. The signatory agrees to keep as confidential, the identity of and all contacts so provided by any other
signatories.  
2. The parties hereto agree that all commissions or fees as agreed by the parties shall be paid in full at the end of
every transaction.  
3. This Irrevocable Fee Pay order shall be legally binding on the parties hereto, their principals, employees,
representatives, agents and assigns in all countries of the world. 
The parties hereto affirm that in every case they will act with the highest standards of ethics and honesty in all
their dealings.   

This Irrevocable Fee Pay order shall be respected and honored at all times, unless otherwise
mutually agreed upon and any party will permit no attempt or hint of circumvention. Each of the
above parties agrees and understands that any overt or covert action of circumvention prescribed
by this agreement shall be a fraudulent act against THE PROVIDER and will be subject to judicial
action, recompense for damages, possible punitive damages and injunctive relief imposed by the
legal process.
Both parties hereby agree that the disbursement of funds will be distributed as follows:

PROVIDER & AGENTS to receive 2% of total Face Value

Provider Intermediaries 1% total Face Value with rolls and extensions:


BANK NAME TBA
BANK ADDRESS TBA
ACCOUNT NUMBER TBA
ACCOUNT NAME TBA
ROUTING / TRANSIT
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
Special Instructions
Email Address for
notification of Funds

Receiver Intermediaries 0.30% total Face Value with rolls and extensions (closed)

®PROVIDER ®RECEIVER
Page 8 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

BENEFICIARY NAME TBA


BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME TBA
ROUTING / TRANSIT
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
Special Instructions
Email Address for
notification of Funds

Receiver Intermediaries 0.70% of 1% total Face Value with rolls and extensions
BENEFICIARY NAME
BANK NAME
BANK ADDRESS
IBAN
ACCOUNT NAME
Reference
SWIFT CODE
Special Instructions
Email Address for
notification of Funds

Signed at this date: August 23, 2021


for and on behalf of THE RECEIVER/PAYOR:

_________________________________________________________________
COMPANY NAME :
ADDRESS :

COUNTRY :
REPRESENTED BY :
PASSPORT NUMBER : 
ISSUED PLACE :
DATE OF EXPIRY :

®PROVIDER ®RECEIVER
Page 9 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

RECEIVER PASSPORT COPY & CIS

CLIENT’S INFORMATION SHEET

In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal Marketing
Commission Circular of December 1998, concerning the prevention of money laundering, the following information
may be supplied to Banks and/or other Federal Institutions for purposes of verification.

®PROVIDER ®RECEIVER
Page 10 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

1. Receiver’s Name:
Company’s name :
Registered Address :

Partner & Managing Director or CEO :


Business Registration No. :
Telephone No. :
Email id :

2. Represented for this transaction by :


Nationality :
Passport Number :
Date of Issue :
Date of Expiration :
Date of Birth :
Place of Birth :
Address :
Telephone :
Mobile & WhatsApp :
Email Address :

3. Legal Counsel :
Address :
Telephone No. :
Facsimile No. :
Email Address :

4 Receiver’s Banking :
Bank Address :
Account Number :
S.W.I.F.T. Code :

5 Funds Information:
Origin: Funds by : Business earning
Amount available for this transaction : According to Instrument face value
Are funds clean and clear? : YES

Declaration: I hereby swear under penalty of perjury, that the information provided is both true and accurate. I am
the signatory on the aforementioned Bank account. All monies engaged in this transaction are derived from non-
criminal origin; and, are good, clean and cleared. The origin of funds complies with Anti-Money-Laundering Policies
as set forth by the Financial Action task Force (FATF) 6/01.

Signed at this date: August 23, 2021


for and on behalf of THE RECEIVER:

®PROVIDER ®RECEIVER
Page 11 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

_________________________________________________________________
COMPANY NAME :
ADDRESS :

COUNTRY :
REPRESENTED BY :
PASSPORT NUMBER : 
ISSUED PLACE :
DATE OF EXPIRY :

PROVIDER PASSPORT COPY & CIS

CLIENT’S INFORMATION SHEET

In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal Marketing
Commission Circular of December 1998, concerning the prevention of money laundering, the following information
may be supplied to Banks and/or other Federal Institutions for purposes of verification.

1. Provider’s Name :
Company’s name :

®PROVIDER ®RECEIVER
Page 12 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

Registered Address :

Partner & Managing Director or CEO :


Business Registration No. :
Telephone No. :
Email id :

2. Represented for this transaction by :


Nationality :
Passport Number :
Date of Issue :
Date of Expiration :
Date of Birth :
Place of Birth :
Address :
Telephone :
Mobile & WhatsApp :
Email Address :

3. Legal Counsel :
Address :
Telephone No. :
Facsimile No. :
Email Address :

4 Provider’s Banking :
Bank Address :
Account Number :
S.W.I.F.T. Code :

5 Funds Information:
Origin: Funds by : Business earning
Amount available for this transaction : According to Instrument face value
Are funds clean and clear? : YES

Declaration: I hereby swear under penalty of perjury, that the information provided is both true and accurate. I am
the signatory on the aforementioned Bank account. All monies engaged in this transaction are derived from non-
criminal origin; and, are good, clean and cleared. The origin of funds complies with Anti-Money-Laundering Policies
as set forth by the Financial Action task Force (FATF) 6/01.

Signed at this date: August 23, 2021


for and on behalf of THE PROVIDER:

®PROVIDER ®RECEIVER
Page 13 of 14
AGREEMENT No: ………………………
SWIFT MT 103-1WAY
Transaction code:
Provider Code:
Receiver Code:
Date : August 23, 2021

_________________________________________________________________
COMPANY NAME :
ADDRESS :

COUNTRY :
REPRESENTED BY :
PASSPORT NUMBER : 
ISSUED PLACE :
DATE OF EXPIRY :

®PROVIDER ®RECEIVER
Page 14 of 14

You might also like