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DEED OF AGREEMENT/RWA
Date: Monday, November 23, 2020
To: THE COLLATERAL PROVIDER
I, MR. AGUS BUDI SUSETYO, holder of INDONESIAN Passport Number: A1991548, issued by
GOVERNMENT OF INDONESIA, hereby confirm with full legal and corporate responsibility, and
under penalty of perjury, that we are ready willing and able to PURCHASE Instrument with good,
clean, clear and unencumbered funds of non-criminal origin through our banking source, Standby
Letter of Credit (SBLC), under the terms and conditions stated herein. Normal ethical standards
shall apply.
WHEREAS, the Buyer desires to receive a collateral facility from the Provider, in form of STANDBY
LETTER OF CREDIT (SBLC) for the purpose to secure project investment and proper daily management
of project implementation, and further confirms with full corporate and legal responsibility that
sufficient funds are available to cover the costs of the said purchases.
WHEREAS, the Provider accepts Buyer’s application for the collateral facility, in form of SBLC, by issuing
and transferring to the Buyer all its rights on SBLC Title and any other interest, plus further represents
and warrants that it has the ability and resource to cause the issuance and arrange through associates,
contracts and sources, with full corporate responsibility, such financial instrument(s) as required and as
per terms mutually agreed herein.
The Provider hereby declares, under full penalty of perjury, that each SBLC will be backed by good,
clean, cleared, and of non-criminal origin cash funds, free and clear of all liens, encumbrances and any
third-party interests.
NOW THEREFORE, the Buyer has agreed to receive the instrument(s) at certain cost and the Provider
has agreed to issue/deliver said instruments based on the following terms and conditions:
Bank will release payment to Provider’s Bank via SWIFT MT-103 in accordance
with terms and conditions in Buyer’s SWIFT MT799 BPU.
TRANSACTION PROCEDURE:
1. BUYER SUBMITS TO PROVIDER THIS SIGNED AGREEMENT, TOGETHER WITH CLIENT INFORMATION
SHEET, CORPORATE BOARD RESOLUTION, NON-SOLICITATION LETTER, SIGNATORY'S PASSPORT
COPY, CORPORATE REGISTRATION, AND UPDATE POF/BCL/BS WITH ATV.
2. AFTER COMPLETED DUE DILIGENCE, PROVIDER COUNTERSIGNS THIS AGREEMENT, WITH FULL
BANKING CO-ORDINATES, CLIENT’S INFORMATION SHEET AND SIGNATORY’S PASSPORT COPY AND
CERTIFICATE OF INCORPORATION AND RETURNS IT TO BUYER, AND IT THUS BECOMES A FULL
RECOURSE COMMERCIAL CONTRACT AND RETURNS IT TO BUYER. BOTH PARTIES SHALL LODGE THIS
AGREEMENT WITH THEIR RESPECTIVE BANKS. A PRINCIPAL TO PRINCIPAL CALL CAN BE
ACCOMMODATED, IF DESIRED BY BUYER, AT A TIME MUTUALLY AGREED UPON, BETWEEN THE
PRINCIPALS BEFORE MOVING ONTO PROCEDURE #3.
3. AFTER POF IS CONFIRMED, PROVIDER’S ISSUING BANK WILL DELIVER MT799 PRE-ADVICE (DRAFT
TEXT AS ANNEX-A) TO BUYER’S DESIGNATED RECEIVING ACCOUNT. (PROVIDER SHALL PROVIDE THE
TRANSMISSION COPY OF SAID MT799 PRE-ADVICE TO BUYERFOR TRACKING).
4. BUYER’S BANK WILL ISSUE BANK PAYMENT UNDERTAKING (BPU) VIA MT799 (DRAFT TEXT AS
ANNEX-B) TO PROVIDER’S DESIGNATED RECEIVING ACCOUNT. (BUYER SHALL PROVIDE THE
TRANSMISSION COPY OF SAID MT799 BPU TO PROVIDERFOR TRACKING.) BUYER WILL ISSUE THE
MT799 WITHIN 24 HOURS OF RECEIPT OF MT799 PRE-ADVICE.
5. AFTER CONFIRMING ABOVE MT799 BPU, PROVIDER’S ISSUING BANK WILL DELIVER SBLC VIA MT760
(DRAFT TEXT AS ANNEX-C) TO BUYER’S DESIGNATED RECEIVING ACCOUNT. (PROVIDER SHALL
PROVIDE THE TRANSMISSION COPY OF SAID MT760 SBLC TO BUYERFOR TRACKING).
6. UPON RECEIPT, VERIFICATION AND AUTHENTICATION OF ABOVE MT760 SBLC, BUYER’S BANK
SHALL RELEASE THE PAYMENT TO PROVIDER VIA UNCONDITIONAL MT103/TT.
7. WITHIN SEVEN (7) BANKING DAYS OF RECEIPT OF AGREED PAYMENT BY PROVIDER, PROVIDER’S
ISSUING BANK SHALL DELIVER THE SBLC HARD COPY ORIGINAL TO BUYER’S DESIGNATED RECEIVING
ACCOUNT BY BANK BONDED COURIER.
8. ALL SUBSEQUENT TRANCHES WILL BE BASED ON THE SAME PROCEDURES OR AS AGREED BY BOTH
PARTIES, UNTIL COLLATERAL OR FUNDS BECOME EXHAUSTED.
10. ANY ROLLS AND EXTENSIONS MUST BE AGREED UPON BETWEEN THE PROVIDER AND THE BUYER BY
ONE (1) WEEK BEFORE THE INITIAL CONTRACT AMOUNT IS EXHAUSTED.
NOTE: Should Buyer default to pay the fees to the Provider and the Intermediaries fees as agreed
on this contract within the allowed number of days on authentication of SWIFT MT-760, the
Provider shall instruct the SBLC Issuing Bank to put a claim on the SBLC thereby forcing the
Buyer's Bank to return the SWIFT MT-760 to the issuing Bank.
NON-SOLICITATION
The Buyer hereby confirms and declares that the Provider, its associates or representatives or any
person or persons on its behalf has/have never ever solicited the Buyer, its shareholders or
associates or representatives in any way whatsoever that can be construed as a solicitation for this
transaction or for future transactions.
FORCE MAJEURE
Any delay or failure of performance by Buyer or Provider in the obligations under this agreement
also attracts 2% payment of the face value of SBLC as penalty.
ARBITRATION
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 it enforce any of the terms of this agreement the prevailing party shall be
entitles to recover reasonably attorney fees and costs.
By signing this DOA, all the parties, SBLC issuer bank, Buyer bank, Buyer and Provider agree under
the laws and trading guidelines set forth by the ICC that they are ready willing and able to complete
this transaction under the terms and conditions stated within this deed of agreement.
PROVIDER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE HIS FEE.
(IT’S OUR BANK REGULATIONS AND PROCEDURE)
PROVIDER‘S BANK COORDINATES: FOR RECEIVING PAYMENT 43% OF SBLC FACE VALUE
Bank Name
Bank Address
Account Name
Account Number
Swift Code
Bank Officer
Bank Officer Tel
Bank Officer Fax
Bank Officer Email
CONDITIONS:
TRANSACTION PROCEDURE:
BUYER SUBMITS TO PROVIDER THIS SIGNED AGREEMENT, TOGETHER WITH CLIENT
INFORMATION SHEET, CORPORATE BOARD RESOLUTION, NON-SOLICITATION LETTER,
SIGNATORY'S PASSPORT COPY, CORPORATE REGISTRATION.
AFTER COMPLETED DUE DILIGENCE, PROVIDER COUNTERSIGNS THIS AGREEMENT, WITH FULL
BANKING CO-ORDINATES, CLIENT’S INFORMATION SHEET AND SIGNATORY’S PASSPORT COPY
AND CERTIFICATE OF INCORPORATION AND RETURNS IT TO BUYER, AND IT THUS BECOMES A
FULL RECOURSE COMMERCIAL CONTRACT AND RETURNS IT TO BUYER.
BOTH PARTIES SHALL LODGE THIS AGREEMENT WITH THEIR RESPECTIVE BANKS. A PRINCIPAL
TO PRINCIPAL CALL CAN BE ACCOMMODATED, IF DESIRED BY BUYER, AT A TIME MUTUALLY
AGREED UPON, BETWEEN THE PRINCIPALS BEFORE MOVING ONTO PROCEDURE #3.
PROVIDER’S ISSUING BANK WILL DELIVER MT799 PRE-ADVICE (DRAFT TEXT AS ANNEX-A) TO
BUYER’S DESIGNATED RECEIVING ACCOUNT. (PROVIDER SHALL PROVIDE THE TRANSMISSION
COPY OF SAID MT799 PRE-ADVICE TO BUYER FOR TRACKING).
BUYER’S BANK WILL ISSUE BANK PAYMENT UNDERTAKING (BPU) VIA MT799 (DRAFT TEXT AS
ANNEX-B) TO PROVIDER’S DESIGNATED RECEIVING ACCOUNT. (BUYER SHALL PROVIDE THE
TRANSMISSION COPY OF SAID MT799 BPU TO PROVIDER FOR TRACKING.) BUYER WILL ISSUE
THE MT799 WITHIN 24 HOURS OF RECEIPT OF MT799 PRE-ADVICE.
AFTER CONFIRMING ABOVE MT799 BPU, PROVIDER’S ISSUING BANK WILL DELIVER SBLC VIA
MT760 (DRAFT TEXT AS ANNEX-C) TO BUYER’S DESIGNATED RECEIVING ACCOUNT. (PROVIDER
SHALL PROVIDE THE TRANSMISSION COPY OF SAID MT760 SBLC TO BUYERFOR TRACKING).
UPON RECEIPT, VERIFICATION AND AUTHENTICATION OF ABOVE MT760 SBLC, BUYER’S BANK
SHALL RELEASE THE PAYMENT TO PROVIDER VIA UNCONDITIONAL MT103/TT.
WITHIN SEVEN (7) BANKING DAYS OF RECEIPT OF AGREED PAYMENT BY PROVIDER, PROVIDER’S
ISSUING BANK SHALL DELIVER THE SBLC HARD COPY ORIGINAL TO BUYER’S DESIGNATED
RECEIVING ACCOUNT BY BANK BONDED COURIER.
BY SIGNING THIS DOA/RWA, BOTH PARTIES AGREE UNDER THE LAWS AND TRADING
GUIDELINES SET FORTH BY THE ICC THAT THEY ARE READY WILLING AND ABLE TO
COMPLETE THIS TRANSACTION UNDER THE TERMS AND CONDITIONS STATED WITHIN THIS
LETTER OF INTENT.
IN WITNESS WHERE OF THE PARTIES EXECUTED THIS AGREEMENT AS OF THE DATE ABOVE
WRITTEN AND SIGNED AT THIS DAY MONDAY, NOVEMBER 23, 2020
________________________________________________________________
NAME:
TITLE:
PASSPORT NO.:
ISSUE DATE :
EXPIRY DATE :
NATIONALITY:
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
SENDER :
BANK NAME :
BANK ADDRESS :
ACCOUNT :
ACCOUNT NAME :
BANK OFFICER :
E-MAIL :
PHONE NUMBER :
RECEIVER
BANK :
BANK ADDRESS :
SWIFT :
ACCOUNT EURO :
ACCOUNT NAME :
BANK OFFICER :
PHONE :
E-MAIL :
TRANSACTION CODE :
DEAR SIRS,
REFER TO: STANDBY LETTER OF CREDIT– URDG 758 FORMAT,
WE, (BANK NAME, (BANK ADDRESS), HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE
READY, WILLING AND ABLE TO DELIVER STANDBY LETTER OF CREDIT (SBLC) IN FAVOR YOUR CLIENT
(BUYER’S NAME), WITH A FACE VALUE OF EURO XX,000,000.00 (______ MILLION) EUROS, AND IT SHALL
BE TRANSMITTED AND CONFIRMED BY SWIFT MT760.
THIS STANDBY LETTER OF CREDIT IS IRREVOCABLE, TRANSFERABLE, ASSIGNABLE, AND SHALL BE HONORED
ON MATURITY DATE ONE YEAR AND ONE MONTH. WE FURTHER CONFIRM THAT THE STANDBY LETTER OF CREDIT
IS FREE AND CLEARED OF ENCUMBRANCE AND THE UNDERLYING CASH IS GOOD, CLEAN AND CLEAR FUNDS OF
NON-CRIMINAL ORIGIN. WE HEREBY CONFIRM THAT WE WILL DELIVER THE SAIDSTANDBY LETTER OF CREDIT
BY SWIFT MT760 FOLLOWED BY ORIGINAL HARD COPY DELIVERED BY BANK BONDED COURIER. PLEASE CONFIRM
THAT YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENT FOR CONFIRMATION, YOU ARE ADVISED
TO AUTHENTICATE THIS SWIFT MT799 BY REPLYING THROUGH OUR SECURED DEPARTMENTAL SWIFT CODE.
THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM RULES FOR THE BANK GUARANTEES URDG 758
UNDER INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE AND ITS LATEST REVISIONS
SIGNATURES
AUTHORIZED BANK OFFICER 1 AUTHORIZED BANK OFFICER 2
NAME: NAME:
TITLE: TITLE:
ID CODE: ID CODE:
--------------------------- END OF THE MESSAGE -------------------------------
ANNEX ”B”
BPU VERBIAGE VIA SWIFT MT799 ( FROM BUYER)
(MAY BE REPLACED WITH BUYER‘S BANK PREFERRED TEXT OF SIMILAR CONTENT)
SENDER :
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
BANK OFFICER :
AMOUNT :
ACCOUNT NAME :
RECEIVER :
BANK NAME :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT NUMBER :
IBAN :
BIC (SWIFT) :
BANK OFFICER :
BANK PHONE NO :
BANK OFFICER E-MAIL :
TRANSACTION CODE :
DEAR SIRS,
AT THE REQUEST OF OUR CLIENT, <BUYER NAME> FOR THE BENEFIT OF <PROVIGER NAME___________>, WE,
<-INSERT NAME AND ADDRESS OF RECEIVING BANK> HEREBY IRREVOCABLY CONFIRMWITH FULL BANK
RESPONSIBILITY THAT WE ARE PREPARED TO UNDERTAKE THE FOLLOWING:
(1) TO RECEIVE, VIA SWIFT MT760 INTO OUR CLIENT’S ABOVE-LISTED ACCOUNT, XXX MILLION EUROS
(€XXX,000,000.00) CASH-BACKED, ASSIGNABLE, TRANSFERABLE, DIVISIBLE AND UNCONDITIONAL STANDBY
LETTER OF CREDIT (“€ XXX0 MLN SBLC”); AND,
(2) TO SWIFT TRANSFER A PRINCIPAL AMOUNT OF XXX MILLION EURO (€ XX,000,000.00), WITHIN FIVE
(5) BANKING DAYS TO THE BELOW-LISTED ACCOUNT AFTER SUCCESSFULLY RECEIVING AND AUTHENTICATING
THE € XXX MLN SBLC DELIVERED VIA SWIFT MT760 TO OUR CLIENT’S ABOVE ACCOUNT.
BANK NAME :
ACCOUNT NUMBER :
ACCOUNT NAME :
SWIFT CODE :
WE, HEREBY CONFIRM THAT THE FUNDS, ARE GOOD, CLEAN AND CLEARED FUNDS DERIVED FROM A LEGAL
SOURCE.
YOURS FAITHFULLY,
____________________ _______________________
BANK OFFICER NAME BANK OFFICER NAME
ISSUER BANK ISSUER BANK
DESIGNATION DESIGNATION
OFFICER CODE OFFICER CODE
ANNEX ”C”
SAMPLE SBLC VERBIAGE VIA MT760
DRAFT TEXT OF STANDBY LETTER OF CREDIT (ICC 600 FORMAT) VIA MT760
(TEXT MAY VARY IN SUBSTANCE BUT THE ESSENTIAL UNDERTAKING MUST BE MAINTAINED)
*** SWIFT OUTPUT : MT760 STANDBY LETTER OF CREDIT
SENDER :
*** BANK NAME :
*** BANK ADDRESS :
*** SWIFT CODE :
*** ACCOUNT NAME : XXXXXXXXXXXXXXXXXXXXXXXXX
*** ACCOUNT NUMBER : XXXXXXXXXXXXXXXXXXXXXXXXXXXX
*** BANK OFFICER : XXXXXXXXXXXXXXX
*** AMOUNT
BANK NAME : ,
BANK ADDRESS :
BANK SWIFT :
*** 57A : ACCOUNT WITH INSTITUTION
*** 59A : BUYER BANK/RECEIVER ACCOUNT
BANK NAME :
SWIFT-CODE (BIC) :
ACCOUNT NAME :
ACCOUNT NUMBER :
*** F77B : REGULATORY REPORTING//OPERATIVE INSTRUMENT//NO MAIL OR SWIFT
SERVICE LEVEL/IS REQUIRED.
*** 77C : SENDER TO RECEIVER INFORMATION: TRANSACTION CODE
AGREEMENT : XXXXXXXXXXX
*** 79 : NARRATIVE:
------------------------------MESSAGETEXT ------------------------------------
WE, THE UNDERSIGNED (ISSUING BANK NAME AND ADDRESS), HEREBY ISSUE OUR IRREVOCABLE AND
CONFIRMED STANDBY LETTER OF CREDIT NO.: _____ IN FAVOUR OF ……….(BENEFICIARY) FOR THE AMOUNT
OF ONE HUNDRED FIFTY MILLION EUROS (€XXX,000,000.00), DUE ONE YEAR AND ONE DAY FROM THE DATE
OF ISSUE.
REIMBURSEMENT INSTRUCTION:
ON RECEIPT OF THE DEMAND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS STANDBY LETTER OF
CREDIT, WE SHALL EFFECT PAYMENT TO YOU NOT EXCEEDING THE ABOVE MAXIMUM AMOUNT AS PER YOUR
PAYMENT INSTRUCTIONS.
WE HEREBY ENGAGE WITH YOU THAT AN AUTHENTICATED SWIFT DEMAND DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONOURED UPON PRESENTATION TO US.
SUCH PAYMENT SHALL BE MADE WITHOUT SET-OFF AND CLEAR OF ANY DEDUCTIONS, OR CHARGES, FEES OR
WITHHOLDING OF ANY NATURE, NOW OR HEREINAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED
BY THE GOVERNMENT OF (ISSUING COUNTRY) OR ANY POLITICAL SUBDIVISION OR AUTHORITY THEREOF OR
THEREIN AND UPON SURRENDER OF THIS INSTRUMENT AT THE OFFICE OF (ISSUING BANK NAME AND
ADDRESS).
THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR BANK CREDIT
INSTRUMENTS IN ACCORDANCE WITH THE INTERNATIONAL CHAMBER OF COMMERCE (ICC) PUBLICATION NO. 600
(LATEST EDITION). THIS CASH BACKED INSTRUMENT IS TRANSFERABLE, ASSIGNABLE, DIVISIBLE, AND
CALLABLE AT MATURITY.
THE ORIGINAL HARD COPY OF THIS CASH BACKED STANDBY LETTER OF CREDIT WILL FOLLOW BY BANK BONDED
COURIER DELIVERY TO COORDINATES AS PER YOUR INSTRUCTION FOR DELIVERY WITHIN SEVEN (7) DAYS OF
THIS DATE OF MT760 ISSUE.
MSG+++DE11SBLC TITLE
CHK:
TRACKING CODE:
-------------------------------INTERVENTIONS--------------------------------
IN ACCORDANCE WITH ARTICLES TWO (2) THROUGH FIVE (5) OF THE DUE DILIGENCE CONVENTION AND THE FEDERAL BAKING
COMMISSION CIRCULAR OF DECEMBER 1998, CONCERNING THE PRVENTION OF MONEYLAUNDERING, AND ARTICLE 350 OF THE
SWISS CRIMINAL CODE, THE FOLLOWING INFORMATION MAY BE SUPPLIED TO BANK AND / OR OTHER FINANCIAL INSTITUTIONS
FOR THE PURPOSE OF VERIFICATION OF IDENTITY AND ACTIVITIES OF THE INVESTING MEMBER, AND THE NATURE AND ORIGIN
OF THE FUNDS THAT ARE TO BE UTILIZED. ALL PARTIES HEVE AN OBLIGATION TO RESPECT PROFESSIONAL SECRECY AND TO
TAKE ALL APPROPRIATE PRECAUTIONS TO PROTECT THE CONFIDENTIALITY OF THE INFORMATION EACH HOLDS IN RESPECT OF
THE OTHER’S ACTIVITIES. THIS LEGAL OBLIGATION SHALL REMAIN IN FULL FORCE AND EFFECT AT ALL TIMES.
COMPANY PROFILE: DESCRIBE THE NATURE OF THE BUYING ENTITY, OWNERSHIP, DIRECTORS, COMPANY
OBJECTIVES IN THE SPACE BELOW.
I, . Mr. AGUS BUDI SUSETYO, HEREBY SWEAR, UNDER PENALTY OF PERJURY, THE INFORMATION GIVEN ABOVE IS
ACCURATE AND TRUE.
THIS CLIENT INFORMATION SHEET CREATED AND SIGNED ON 19TH NOVEMBER 2020
FOR AND ON BEHALF OF: PT PARADHITA DARMA PROPERTINDO
AFFIRMATION:
I HEREBY SWEAR UNDER THE FULL PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS BOTH
TRUE AND ACCURATE. I AM IN CONTROL OF THE ASSETS STATED ABOVE AND HAVE SIGNATORY AUTHORITY ON
THE AFOREMENTIONED BANK ACCOUNT AND HAVE FULL AUTHORITY TO EXECUTE ALL CONTRACTS AND
AGREEMENTS RELATING TO PLEADING THE ASSETS FOR A LOAN. THE FUNDS ARE IN FULL COMPLIANCE WITH THE
ANTI-MONEY LAUNDERING POLICIES SET FORTH BY THE FINANCIAL ACTION TASK FORCE (FATF) 6/01.
DECLARATION:
I, MR. AGUS BUDI SUSETYO 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 ARE IN COMPLIANCE WITH ANTI-MONEY-LAUNDERING POLICIES AS SET FORTH BY
THE FINANCIAL ACTION TASK FORCE (FATF) 6/01
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
TITLE: BOARD OF DIRECTOR
NATIONALITY: INDONESIAN
PASSPORT NO.: A 1991548
ISSUE DATE: 25 JANUARY 2012
EXPIRY DATE: 25 JANUARY 2022
ISSUE PALCE : INDONESIA
I, MR. AGUS BUDI SESTYO AS CEO AND AUTHORIZED SIGNATORY OF GDG II PERKANTORAN INKOPOL JL TAMBAK
NO.25, PEGANGSAAN, JAKARTA PUSAT, DKI JAKRTA, INDONESIA DO HEREBY CONFIRM THAT I HAVE
REQUESTED OF YOU AND YOUR ORGANIZATION, SPECIFIC CONFIDENTIAL INFORMATION AND DOCUMENTATION ON BEHALF OF
US REGARDING CURRENTLY AVAILABLE PROJECT FUNDING TO SERVE ONLY OUR INTEREST, EDUCATION, AND NOT FOR FURTHER
DISTRIBUTION.
A QUORUM OF DIRECTORS OF PT PARADHITA DARMA PROPERTINDO (HEREINAFTER CALLED THE "COMPANY") WITH ITS
ADDRESS AT GDG II PERKANTORAN INKOPOL JL TAMBAK NO.25, PEGANGSAAN, JAKARTA PUSAT, DKI
JAKRTA, INDONESIA ATTENDED IN PERSON OR BY TELEPHONE/VIDEO CONFERENCE A BOARD OF DIRECTORS MEETING
WHICH WAS DULY NOTICED AND HELD ON 1 NOVEMBER 2020 DETAILED DISCUSSION REGARDING VARIOUS ISSUES AND
ASPECTS OF THIS TRANSACTION WAS HELD TO THE FULL SATISFACTION OF THE BOARD MEMBERS AND THE FOLLOWING
RESOLUTIONS WERE UNANIMOUSLY ADOPTED:
RESOLUTION:
IT IS RESOLVED THAT Mr.AGUS BUDI SUSETYO, AS COMPANY’S OFFICE IN PT PARADHITA DARMA PROPERTINDO
AND AUTHORIZED REPRESENTATIVE/SIGNATORY OF THE COMPANY, TO ENTER INTO THIS TRANSACTION INVOLVING THE
ASSIGNMENT OF BANK DEBENTURES AND OTHER BANK INSTRUMENTS.
RESOLUTION:
IT IS RESOLVED THAT . Mr.AGUS BUDI SUSETYO AS (DIRECTOR) AND AUTHORIZED SIGNATORY OF THE COMPANY, TO
ARRANGE THE LEASING OF BANK INSTRUMENTS, IN THE AMOUNT OF EURO FIVE HUNDREED MILLION ( 500,000,000.00).
RESOLUTION:
IT IS RESOLVED THAT Mr.AGUS BUDI SUSETYO AS PRESIDENT AND AUTHORIZED SIGNATORY OF PT PARADHITA
DARMA PROPERTINDO BE ASSIGNED FULL AUTHORITY TO INSTRUCT, ARRANGE, MONITOR, EXECUTE, MANAGE AND SIGN ALL
PAPERWORK, AGREEMENTS, CONTRACTS AND ALL DOCUMENTATION AS MAY BE NECESSARY WITH THIRD PARTIES, PERTINENT
TO THIS TRANSACTIONS INVOLVING THE LEASING OF BANK INSTRUMENTS.
RESOLUTION:
IT IS FURTHER RESOLVED AT THIS MEETING OF THE BOARD OF DIRECTORS THAT. Mr.AGUS BUDI SUSETYO IS HEREBY
AUTHORIZED TO PAY/DISTRIBUTE ON BEHALF OF PT PARADHITA DARMA PROPERTINDO
ANY AND ALL TRANSACTION RELATED FEES AND ENTITLEMENTS TO ANY BANKS, TRADING ENTITIES, PROGRAM MANAGERS,
FACILITATORS, LAWYERS AND OTHER INVOLVED PERSONS AND COMPANIES OF HIS CHOICE, AS HE MAY DEEM APPROPRIATE AND
AT HIS ABSOLUTE DISCRETION, ON BEHALF OF PT PARADHITA DARMA PROPERTINDO
COMPANY RESOLUTION:
THAT Mr.AGUS BUDI SUSETYO AS THE (DIRECTOR, CEO, ) OF THE COMPANY, IS HEREBY AUTHORIZED TO CERTIFY THAT
THE FOREGOING RESOLUTIONS AND PROVISIONS THEREOF ARE IN CONFORMITY WITH THE CHARTER, BYLAWS AND ARTICLES
OF INCORPORATION OF THE COMPANY, AND THAT THE FOREGOING RESOLUTION AND THE AUTHORITY THEREBY CONVEYED
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE PURPOSES SET FORTH HEREIN ARE ACCOMPLISHED.
IT IS FURTHER CERTIFIED THAT THE FOREGOING RESOLUTIONS HAVE NEVER BEEN MODIFIED OR AMENDED AND ARE NOW IN
FULL FORCE AND EFFECT. THE ABOVE NAMED REPRESENTATIVE OF THE COMPANY HAS BEEN DULY ELECTED AND APPOINTED
TO HOLD OFFICE, THE REPRESENTATIVE IS PRESENTLY HOLDING OFFICE, AND IS EMPOWERED TO ACT FOR AND ON BEHALF OF
THE COMPANY. THIS FAX OR EMAIL COPY OF THE BOARD RESOLUTION SHALL BE OF EQUAL VALUE AND EFFECT TO THE ORIGINAL,
AND SHALL BE ACCEPTED AS SUCH BY EVERYONE, FOR ALL PURPOSES, EVERYWHERE.
THE ABOVE MOTIONS AND RESOLUTIONS WERE DULY MADE, SECONDED AND UNANIMOUSLY PASSED AND CARRIED OUT AT THE
COMPLETION OF THIS MEETING.
RESOLUTION 1:
IT IS RESOLVED THAT THE BOARD OF DIRECTORS OF PT PARADHITA DARMA PROPERTINDO
XX HEREBY APPOINTS AND AUTHORIZES ITS CEO , Mr.AGUS BUDI SUSETYO WITH PASSPORT NUMBER
XXXXXXX1 ISSUED ON, XXXX AS OUR MANAGING MEMBER TO ACT WITH FULL AUTHORITY ON OUR BEHALF, STAY AND
NAME, TO INSTRUCT, NEGOTIATE, ARRANGE, MONITOR, EXECUTE, MANAGE AND SIGN ANY AND ALL AGREEMENTS
AND/OR NECESSARY CONTRACTS WITH THIRD PARTIES PERTINENT TO ALL FINANCIAL TRANSACTIONS WITH BANK
INSTRUMENTS (SECURITIES/DERIVATIVES)
RESOLUTION 2:
IT IS RESOLVED THAT AT THIS MEETING OF THE BOARD OF DIRECTORS THAT OUR MANAGING MEMBER AND IN FACT
ACTS AS FINANCIAL DIRECTOR FOR WITH REGARDS TO THE AFORESAID FINANCIAL INVESTMENT.
RESOLUTION 3:
IT IS RESOLVED THAT Mr.AGUS BUDI SUSETYO IS HEREBY AUTHORIZED TO ACT AS OUR FINANCIAL DIRECTOR FOR
THE AFORESAID PURPOSE.
RESOLUTION 4:
IT IS RESOLVED THE BOARD OF DIRECTORS OF PT PARADHITA DARMA PROPERTINDO
HEREBY AUTHORIZED Mr.AGUS BUDI SUSETYO TO ASSUME ALL AUTHORITY, POWERS, DUTIES, SIGNATORY RIGHTS
AND RESPONSIBILITIES ON OUR BEHALF.
I, Mr.AGUS BUDI SUSETYO HEREBY SWEAR UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED
HEREIN ISACCURATE AND TRUE AS OF THIS DATE:
CONFIRMED AND SIGNED ON DAY XXXXXXXXX
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
TITLE: BOARD OF DIRECTOR
NATIONALITY: INDONESIAN
PASSPORT NO.: A 1991548
ISSUE DATE: 25 JANUARY 2012
EXPIRY DATE: 25 JANUARY 2022
CONDITIONS:
THIS AGREEMENT IS A FULL RECOURSE COMMERCIAL COMMITMENT GOVERNED BY THE LAWS OF THE JURISDICTIONS IN
WHICH BOTH/ALL THE PARTIES RESIDE AND STANDARDS UNDER ICC REGULATIONS.
THE FORCE MAJEURE EXCEPTION CLAUSE OF THE INTERNATIONAL CHAMBER OF COMMERCE (I.C.C. PUBLICATION #421) AND
NON-CIRCUNVENTION AND NON-ELUSION & WORKING AGREEMENT, IS HEREBY INCORPORATED IN AND MADE AN INTEGRAL
PART OF THIS DOCUMENT.
ALL THE PARTIES HEREBY AFFIRM AND ATTEST THAT EACH HAS THE AUTHORITY TO ACCEPT AND EXECUTE THIS FULL LEGAL
CONTRACT AND TO BE BOUND BY ITS TERMS AND CONDITION.
THIS TRANSACTION CONSTITUTES CREDIT FACILITY OF A BANK INSTRUMENT, CONDUCTED BETWEEN TWO (2) PRINCIPAL
ENTITIES TO BE DEFINED BY CONTRACT AND AS SUCH, IS NOT INTENDED TO BE NOR SHALL BE INTERPRETED AS A SECURITIES
TRANSACTION AS DEFINED BY THE U.S. SECURITIES ACT OF 1933/1934 OR AS AMENDED BY LAW OR ANY OTHER NATION.
BY SIGNING THIS LOI, ALL THE PARTIES, SBLC ISSUER BANK, BUYER BANK, BUYER AND PROVIDER AGREE UNDER THE LAWS
AND TRADING GUIDELINES SET FORTH BY THE ICC THAT THEY ARE READY WILLING AND ABLE TO COMPLETE THIS
TRANSACTION UNDER THE TERMS AND CONDITIONS STATED WITHIN THIS LETTER OF INTENT.
SIGNED THIS DATE MONDAY, NOVEMBER 23, 2020
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
TITLE: BOARD OF DIRECTOR
NATIONALITY: INDONESIAN
PASSPORT NO.: A 1991548
ISSUE DATE: 25 JANUARY 2012
EXPIRY DATE: 25 JANUARY 2022
ISSUE PALCE : INDONESIA
I, Mr.AGUS BUDI SUSETYO AS CEO AND AUTHORIZED SIGNATORY OF DELUXE INDUSTRY, DO HEREBY CONFIRM THAT I
HAVE REQUESTED OF YOU AND YOUR ORGANIZATION, SPECIFIC CONFIDENTIAL INFORMATION AND DOCUMENTATION ON
BEHALF OF US REGARDING CURRENTLY AVAILABLE PROJECT FUNDING TO SERVE ONLY OUR INTEREST, EDUCATION, AND NOT FOR
FURTHER DISTRIBUTION.
I HEREBY AGREE THAT ALL INFORMATION RECEIVED FORM YOU IS IN DIRECT RESPONSE TO OUR REQUEST, AND IS NOT IN ANY
WAY CONSIDERED OR INTENDED TO BE A SOLICITATION OF ANY SORT, OR ANY TYPE OF OFFERING, AND FOR OUR GENERAL
KNOWLEDGE ONLY. I HEREBY AFFIRM UNDER PENALTY OF PERJURY, THAT I HAVE REQUESTED THIS INFORMATION FROM YOU
AND YOUR ORGANIZATION OF OUR CHOICE AND FREE WILL AND FURTHER, AND THAT YOU HAVE NOT SOLICITED US IN ANY WAY.
I HEREBY REPRESENT THAT I AM NOT AN INFORMANT, NOR AM I ASSOCIATED WITH ANY GOVERNMENT AGENCY OF THE UNITED
STATES OF AMERICA, OR ANY OTHER COUNTRY, SUCH AS THE SECRET SERVICE, INTERNAL REVENUE SERVICE, FEDERAL BUREAU OF
INVESTIGATION, CENTRAL INTELLIGENCE AGENCY, SECURITIES AND EXCHANGE COMMISSION, BANKING COMMISSION, NOR ANY
AGENCY WHOSE PURPOSE IS TO GATHER INFORMATION REGARDING SUCH OFFERINGS.
I UNDERSTAND FROM YOU THAT THE CONTEMPLATED TRANSACTION IS STRICTLY ONE OF PRIVATE PLACEMENT, AND IS IN NO
WAY RELYING UPON, OR RELATING TO, THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED, OR RELATED REGULATIONS,
AND DOES NOT INVOLVE THE SALE OF SECURITIES.
FURTHER, I HEREBY DECLARE THAT YOU HAVE DISCLOSED THAT YOU ARE NOT A LICENSED SECURITY TRADER, ATTORNEY, BANK
OFFICER, CERTIFIED PUBLIC ACCOUNTANT OR FINANCIAL PLANNER. ANY INFORMATION, WORK OR SERVICE CONDUCTED
HEREUNDER IS THAT OF A PRIVATE INDIVIDUAL AND THAT THIS IS A PROJECT FUNDING TRANSACTION THAT IS EXEMPT FROM
THE SECURITIES ACT AND NOT INTENDED FOR THE GENERAL PUBLIC BUT PRIVATE USE ONLY.
THE FACSIMILE / E-MAIL TRANSMISSION OF THIS DOCUMENT SHALL BE CONSIDERED A BINDING AND
ENFORCEABLE INSTRUMENT, TREATED AS ORIGINAL COPY. ORIGINAL MAY BE OBTAINED UPON REQUEST.
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
TITLE: BOARD OF DIRECTOR
NATIONALITY: INDONESIAN
PASSPORT NO.: A 1991548
ISSUE DATE: 25 JANUARY 2012
EXPIRY DATE: 25 JANUARY 2022
ISSUE PALCE : INDONESIA
THIS NCND ALSO APPLIES TO ANY AND ALL OTHER TRANSACTIONS DIRECT OR INDIRECT INITIATED BY THESE INTERMEDIARIES.
THE UNDERSIGNED AGREES THAT THIS FEE PROTECTION IS ASSIGNABLE AND TRANSFERABLE TO THE BENEFICIARIES, DESIGNS,
HEIRS & ASSIGNS UPON WRITTEN NOTICE OF ALL PARTIES AND SHALL NOT BE AMENDED WITHOUT THE EXPRESS WRITTEN
CONSENT OF THE PARTIES. IF NO CONTRACT IS CONSUMMATED, THIS FEE PROTECTION AGREEMENT IS NULL AND VOID IN ITS
ENTIRETY.
ALL DISCLOSED BANKING INFORMATION SHALL BE STRICTLY CONFIDENTIAL. NO COMMUNICATION BETWEEN BANKING
OFFICERS. OTHER THAN TRANSMISSION BY SWIFT WIRE TRANSFER AND ANY OTHER TRANSMISSION SPECIFICALLY
AUTHORIZED BY THE BENEFICIARIES, IS PERMITTED. ALL COMMUNICATIONS SHALL CLEARLY REFERENCE THE TRANSACTION
CODE, THE PROVIDER'S CODE AND THE BUYER'S CODE REFERRED TO HEREIN.
SHOULD A CONTRACT BE SIGNED BETWEEN THE PROVIDER AND THE LESSEE, A BANK ENDORSED CORPORATE PAY ORDER WILL
BE ISSUED TO THE PAYMASTER OF EACH GROUP, FOLLOWED BY A SWIFT WIRE TRANSFER TO THE PAYMASTER'S ACCOUNT,
WHEN PAYMENT FOR THE BANK INSTRUMENT IS COMPLETED.
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
TITLE: BOARD OF DIRECTOR
NATIONALITY: INDONESIAN
PASSPORT NO.: A 1991548
ISSUE DATE: 25 JANUARY 2012
EXPIRY DATE: 25 JANUARY 2022
ISSUE PALCE : INDONESIA
WE, PT PARADHITA DARMA PROPERTINDO (AS THE BUYER, HEREINAFTER AS THE “PAYER”), REPRESENTED BY
THE PRESIDENT AND THE AUTHORIZED SIGNATORY Mr.AGUS BUDI SUSETYO THE HOLDER OF INDONESIAN
PASSPORT NO: A1991548 WITH OFFICE ADDRESSS IN GDG II PERKANTORAN INKOPOL JL TAMBAK NO.25,
PEGANGSAAN, JAKARTA PUSAT, DKI JAKRTA, INDONESIA, DO GUARANTEE WITH FULL PERSONAL AND
CORPORATE RESPONSIBILITY AND AUTHORITY, UNDER PENALTY OF APPLICABLE PERJURY LAWS, AGREE TO ACT AS
PAYER TO PAY THIS IRREVOCABLE MASTER FEE PROTECTION AGREEMENT WITH AN IRREVOCABLE CORPORATE
PAYMENT ORDER WHICH IS AN INTEGRAL PART OF ABOVE CODED AGREEMENT IN THE TOTAL AMOUNT OF TWO
PERCENT (2.00%) OF THE TOTAL FACE VALUE OF THE BANKINSTRUMENT.
TOTAL TWO PERCENT (2.00%) COMMISSION FEES, ONE PERCENT (1.00%) FOR THE PROVIDER MANDATE GROUP,
ONE PERCENT (1.00%) FOR THE BUYER MANDATE AND INTERMEDIARIES, WHICH SHALL BE PAID INTO THE BELOW
BANK ACCOUNT/S OF BOTH PARTIES’ BENEFICIARIES FOR DISTRIBUTION AND WHICH SHALL INCLUDE ALL ROLLS
AND EXTENSIONS.
TOTAL ONE PERCENT (1%) OF FACE VALUE COMMISSION FEES WILL BE PAID TO THE FOLLOWINGS PAYMASTER
INCLUDING ANY ROLLS AND EXTENSIONS: CLOSED
PARTICULARS
Paymaster Name LAW OFFICE
Paymaster Address
Paymaster
Telephone
Paymaster Email
Bank Name
Bank Address
Bank Officer
Bank Telephone
Bank Fax
SWIFT Code
ACCOUNT#/ ABA
Routing
Account Name
Account Number
(IBAN)
Buyer
AMOUNT TO
RECEIVE
REQUIRED MESSAGE
THE SWIFT TEXT MESSAGE COVERING ALL REMITTANCES SHALL CLEARLY STATE THE
FOLLOWING: “SAME DAY TRANSFER AND IMMEDIATE CREDIT. REMITTER IS KNOWN TO US. THIS
TRANSFER IS WITH FULL BANKING RESPONSIBILITY AND WE ARE SATISFIED AS TO THE SOURCE OF
Required Message:
THE FUNDS SENT TO US. CLEARED, CLEAN, LIEN FREE AND UNENCUMBERED FUNDS, EARNED
FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-
TERRORIST ORIGINS.”
Paymaster Name
Bank Name
Bank Address
SWIFT Code
Account Name
Account Number
SAME DAY TRANSFER FOR IMMEDIATE CREDIT – CURRENCY: EURO OR US DOLLARS. ALL WIRE
TRANSFERS SHALL INCORPORATED BELOW TEXT MESSAGE AND A COPY OF BANK WIRE TRANSFER
Special Instruction SLIP SHALL BE EMAILED TO:................................................. FOR LEGAL VERIFICATION AND
DOCUMENTATION PURSUANT TO PATRIOT ACT/BANKING REGULATIONS WITH ONE ORIGINAL
CONTRACT COPY TO BE FILED WITH BANK.
THE SWIFT TEXT MESSAGE COVERING ALL REMITTANCES SHALL CLEARLY STATE THE
FOLLOWING: “SAME DAY TRANSFER AND IMMEDIATE CREDIT. REMITTER IS KNOWN TO US. THIS
TRANSFER IS WITH FULL BANKING RESPONSIBILITY AND WE ARE SATISFIED AS TO THE SOURCE OF
Required Message:
THE FUNDS SENT TO US. CLEARED, CLEAN, LIEN FREE AND UNENCUMBERED FUNDS, EARNED
FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-
TERRORIST ORIGINS.”
TOTAL ZERO POINT FIVE PERCENT (0.5%) OF FACE VALUE COMMISSION FEES WILL BE PAID TO THE
FOLLOWINGS PAYMASTER INCLUDING ANY ROLLS AND EXTENSIONS: CLOSED
THIS AGREEMENT/IRREVOCABLE CORPORATE PAYMENT ORDER AND THE PAYMENT OF COMMISSIONS HEREIN ARE
SUBJECT TO THE INTERNATIONAL CHAMBER OF COMMERCE “ICC” AND THE ICC ARBITRATION ACT AS ADOPTED BY
THE ICC OFFICE IN HONG KONG, BY THREE ARBITRARY APPOINTEES IN ACCORDANCE WITH ICC RULES. ALL NC/ND
CLAUSES AS PRESCRIBED BY ICC RULES (LATEST EDITION) SHALL APPLY TO THIS AGREEMENT AND PAYMENT
ORDER. THIS AGREEMENT AND IRREVOCABLE CORPORATE PAYMENT ORDER IS IRREVOCABLE, DIVISIBLE, AND
UNCONDITIONAL, AND MAY BE ASSIGNED ONLY BY THE BENEFICIARIES NAMED HEREIN. THIS AGREEMENT AND
IRREVOCABLE CORPORATE PAYMENT ORDER MAY BE EXECUTED IN ONE OR MORE COUNTERPARTS, EACH ONE
SHALL BE DEEMED AN ORIGINAL AND ALL TOGETHER SHALL CONSTITUTE ONE AND THE SAME DOCUMENT.
A SIGNED FAX OR ELECTRONICALLY TRANSMITTED COPY OF THIS DOCUMENT SHALL BE DEEMED BINDING ON THE
“PARTIES” WITH THE FORCE AS THE SIGNED ORIGINAL. THE AGREEMENT AND IRREVOCABLE CORPORATE PAYMENT
ORDER IS VALID WHEN COMMENCEMENT OF THE ABOVE-REFERENCED TRANSACTION TAKES PLACE AND SHALL
REMAIN VALID AND ENFORCEABLE FOR THE FULL TERMS OF THE TRANSACTION, INCLUDING ANY NEW AGREEMENT
BETWEEN THE PARTIES AND/OR THEIR ASSIGNS.
THE BENEFICIARIES RESERVE THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN AT ANY TIME BY
PROVIDING WRITTEN REQUEST TO THE BUYER/PAYER. UPON EXECUTION OF THE AGREEMENT AND THE FINAL
AGREEMENT AND PRIOR TO, OR SIMULTANEOUSLY WITH THE FIRST TRANSACTION, WE GUARANTEE THAT THIS
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT AND IRREVOCABLE CORPORATE PAYMENT ORDER WILL BE
IN THE EVENT THAT THE TRANSACTION WAS NOT PERFORMED OR ONLY PERFORMED IN PART, THE PAYMASTERS /
BENEFICIARIES LISTED ABOVE SHALL NOT HOLD THE UNDERSIGNED PAYER RESPONSIBLE FOR ANY EXPENSES,
CHARGES AND/OR COST, OR HOLD THE PAYER LIABLE FOR ANY CIVIL AND CRIMINAL ACTIONS. THE UNPERFORMED
PART OF THIS IRREVOCABLE MASTER FEE PROTECTION AGREEMENT WILL THEREFORE AUTOMATICALLY BECOME
NULL AND VOID.
THIS AGREEMENT - PAY ORDER SHALL BE LODGED IN OUR BANK AND A COPY FROM THAT BANK WILL BE
FORWARDED TO ALL BENEFICIARIES.
___________________________________________________________________
NAME: AGUS BUDI SUSETYO
TITLE: BOARD OF DIRECTOR
NATIONALITY: INDONESIAN
PASSPORT NO.: A 1991548
ISSUE DATE: 25 JANUARY 2012
EXPIRY DATE: 25 JANUARY 2022
ISSUE PALCE : INDONESIA
AGREED & ACCEPTED THE FULL DOCUMENT “STANDBY LETTER OF CREDIT” PURCHASING AGREEMENT”
COMPOSED OF 33 (THIRTY THREE) PAGES
INCORPORATE U.S. PUBLIC LAW 106-229, ‘‘ELECTRONIC SIGNATURES IN GLOBAL & NATIONAL COMMERCE ACT’’ OR SUCH OTHER APPLICABLE
LAW CONFORMING TO THE UNCITRAL MODEL LAW ON ELECTRONIC SIGNATURES (2001)
ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, GENEVA, MAY 2000) ADOPTED BY THE UNITED NATIONS CENTRE FOR TRADE
FACILITATION AND ELECTRONIC BUSINESS (UN/CEFACT).
EDT DOCUMENTS SHALL BE SUBJECT TO EUROPEAN COMMUNITY DIRECTIVE NO. 95/46/EEC, AS APPLICABLE. EITHER PARTY MAY REQUEST
HARD COPY OF ANY DOCUMENT THAT HAS BEEN PREVIOUSLY TRANSMITTED BY ELECTRONIC MEANS PROVIDED HOWEVER, THAT ANY SUCH
REQUEST SHALL IN NO MANNER DELAY THE PARTIES FROM PERFORMING THEIR RESPECTIVE OBLIGATIONS AND DUTIES UNDER EDT
INSTRUMENTS.