Professional Documents
Culture Documents
CONFIDENCIAL CONTRACT
AND ATTACHED´S
where
Legal EURO OR USD ¿? Provider EURO PROVIDER / DOLLAR PROVIDER /
INTRUDER ( BANK / FED / US TREASURE / FMI )
Company PERSONAL - JAPM
Address SPAIN-FRANCE
Represented by JOSE ALBERTO PEREZ MOLINA
Title CEO PRESIDENT
Passport nº BD-979929
Country of issue SPAIN
Telephone
Fax
Cell/Mobil
E-Mail: director@bancofinancieroprivado.com
Skype: bancofinancieroprivado
AND
where
Legal EURO OR USD Provider Mandate is:
Company
Address
Represented by
Title
Passport nº
Country of issue
Telephone
Fax
Cell/Mobil
E-Mail:
WHEREAS, in consideration of the promises and the mutual covenants, warranties, terms and conditions
herein contained and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the undersigned parties agree and state that they wish to enter into this agreement
for the exchange of United States Dollars (USD) for Euros (EUR) under the following terms and conditions:
This currency exchange transaction is a B2B, S2S, L2L in JAPM BANK or BLUESCREEN transaction, to be
executed via SWIFT transmittal transfer upon banks agreement, according to the following terms, conditions
and agreed Bank to Bank procedure.
2. TRANSACTION CONDITIONS:
The whole transaction will be agreed in final by the FEDERAL RESERVE SYSTEM AUTHORITIES and/or
This private foreign exchange transaction agreement are valid 15 (fifteen) banking days from the date of
signature of the present PFCE Agreement by the USD PROVIDER and by the EURO PROVIDER. If after
such delay the contract is not returned to the USD PROVIDER duly completed, signed, sealed, and accom-
panied with all documents requested, a CEASE AND DESIST notification will be sent to the failing EURO
THIS AGREEMENT SUPERSEDES ALL PREVIOUS CONTRACTS WRITTEN OR ORAL WITH THE SAME
PROVIDERS NAME AND BEARING THE ABOVE REFERENCED TRANSACTION CODES.
WHEREAS, as required by law, the USD Provider is not owner of USD Funds to operate in Currency Ex-
change operations. He obtains the USD Funds from USA Central Bank, on Federal Reserve order, when the
present proposed contract, with all required attached documents, is accepted and approved primarily by
Federal Reserve Bank Authorities and after by all involved Authorities.
WHEREAS, both parties herein have irrevocably agreed to comply fully with rulings of the due diligence con-
vention of the Federal Banking Commission dated 1991 regarding money laundering and Article 305 of the
Swiss Criminal Code which came to operation in June 2001 related to Financial Transactions in conformity
th
with FTF (Financial Task Force) requirements and in accordance with H.R.3723 dated 11 of October 1996,
signed by, the then US President Mr. BILL CLINTON in protecting $USD value from any and all transaction
which may directly or indirectly suppress, diminish or reduce its value in any form also to follow the full
protocol of "BASEL-I" AND "BASEL II", VERBATIM.
The same currency value protection is requested for any currency when the concerned States/Nations are
Members of the Humanitarian Organization.
AND
WHEREAS, in consideration of the promises and the mutual covenants, warranties, terms and conditions
herein contained and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the undersigned parties agree and state that they wish to enter into this agreement
for the exchange of United Sates Dollars ($ USD) for European Union Euros (€ EUR) under the following
terms and conditions and as per standard regulatory guidelines and to enter into the PARTICIPATION to
Humanitarian Activities / Programs of the Humanitarian Organization which is a Humanitarian Organization
of the type of United Nations, and which is acting strictly, exclusively and uniquely on Humanitarian Activities
/ Programs of all and any kind :
A. The EURO PROVIDER presents the legal tender European Union Euros (€ EUR) available in a
bank account, and warrants under penalty of perjury laws of jurisdiction as it applies and confirms
that the € EUROS are deposited in a bank account and are totally derived from legal sources and
not from any illegal drug traffic or money laundering, terrorist groups, active or by association, and
are not from any other criminal activity. Further, the EURO PROVIDER warrants and confirms that
the funds are deposited in a bank account and are good, clean, cleared, of non-criminal origin,
free from any costs, charges, encumbrances, liens, litigation, mortgages, taxes, of any kind or nature
whatsoever and are freely transferable to be exchanged for United States Dollars ($ USD).
B. The USD PROVIDER will present the legal tender United States Dollars ($ USD) and warrants un-
der penalty of perjury laws of jurisdiction as it applies and confirms that the $ USD are not depo-
sited in a bank account as required by law within this specific contract Then, it confirms that
the $ USD will be totally derived from legal sources and not from any illegal drug traffic or money
laundering, terrorist groups, active or by association, and will not be from any other criminal activity.
Further, the USD PROVIDER warrants and confirms that the funds will be good, clean, cleared, of
non-criminal origin, free from any costs, charges, encumbrances, liens, litigation, mortgages, taxes
of any kind or nature whatsoever and will be freely transferable to be exchanged for European Union
Euros (€ EUR).
C. The Parties confirm that their respective bank officers are fully aware of the referenced transaction,
and are ready to adhere to and proceed with the terms and conditions of this Agreement. The parties
shall have this signed Private Placement Transaction including all annexes and attachments related
to the Private Foreign Currency Exchange Agreement (PFCEA) deposited with their respective
banks handling the transaction for the $USD and €EURO exchange.
D. This currency exchange transaction is a SWIFT MT103 or SWIFT MT107 or L2L in JAPM BANK or
BLUESCREEN transaction, to be executed via SWIFT transmittal upon banks agreement, according
to the following terms, conditions and as agreed on a Bank to Bank basis.
E. Parties warrant with full legal and corporate responsibility that they agree to sign this Contractual
Agreement hereinafter to be referred to as a Contract. Funds will be used :
In accordance with Articles 2 and 5 of the Due Diligence and Federal Banking Commission Circular of
December 1999 concerning the prevention of money laundering, and Article 305 of the Swiss Criminal
Code, the following information may be supplied to banks and financial institutions for verification of
identity and activities of the investing member, and the nature and origin of the funds which are to be
utilized. All parties are obliged to respect professional secrecy and take all necessary precautions to
protect confidentiality of the information each holds in respect to the other’s activities. The legal obliga-
tions shall remain in full force at all times.
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, or any agency whose purpose is to gather information regard-
ing such offerings
I understand that the contemplated transaction is strictly one of private currency exchange and is in
no way relying on, or related 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 I am not a li-
censed broker or government employee and understand that neither are you or your organization.
I further understand that this private currency transaction is exempt from the Securities Act and not
intended for the general public and all materials are for private use only.
This signed Letter of Request and Non-Solicitation is a binding document executed under the Pe-
nalty of Perjury of Law.
The origins of funds are in compliance with anti-money laundering policies as set forth by the fi-
nancial action task force of June 2001 and the US Patriot Act, The origin of foreign assets control
[Nationals and Blocked Person Embargoed] and other applicable laws and are not from terrorist
sources. All business activities are legal.
I hereby declare and affirm, under penalty of perjury laws, that the information provided herein is
both true and accurate. I confirm that I am in control of said funds/assets described herein and
that I am the signatory on the aforementioned bank account with complete control of the bank ac-
counts mentioned herein. I have full authority to execute all contracts relating to the private place-
ment transaction envisage. The origin of the funds/assets are derived from non-criminal origin, are
good, clean and cleared and are in full compliance with Anti-Money-Laundering laws and Policies
of The USA and the European Union and with all international and local banking regulations as set
forth by the Financial Action task Force (FATF) 6/01.
In witness I hereby set my hand and sign with my name as my free act.
the EURO PROVIDER Bank has to accept legally the official currency exchange request,
done officially and directly by the EURO PROVIDER to the EURO PROVIDER Bank, all as per
Standard Regulatory Guidelines for currency exchange. For that acceptation, the Funds
proposed by the EURO PROVIDER have to be deposited in a bank account, free of all liens
and encumbrances of any kind and of any nature whatsoever the concerned financial Au-
thorities have to accept the EURO PROVIDER. In the present case, the financial Authorities
are USA, European Union.
The facsimile transmission of this document shall be considered a binding and enforceable instru-
ment, treated as original copy. Original may be obtained upon request.
3. TRANSACTION PROCEDURES:
3) AT A SPECIFIED TIME: 09. Euro time, THE EURO-P BANK OFFICER CONTACT THE DOLLAR P BANK-
ER VIA SWIFT MT799 (FREE FORMAT MESSAGE) WIRE ACCORDINGLY:
USD PROVIDER’S BANK ISSUES THE MESSAGE VIA SWIFT TO EURO PROVIDER’S BANK THAT
EXECUTED PFCEA AGREEMENT UNDER TRANSACTION CODE:………….IS LODGED WITH THEM
AND THEY ARE READY TO ABIDE BY IT. KINDLY CONFIRM BY RETURN SWIFT MESSAGE YOUR
CLIENT HAVE THE FUNDS FOR THE FIRST TRANCHE FUNDS AND IS CAPABLE TO RECEIVE
FIRST TRANCHE AMOUNT US$49.5 MILLION VIA SWIFT CONDITIONAL AND TRANSFER THE
EQUIVALENT AMOUNT OF EURO VIA SWIFT UNCONDITIONAL
USD PROVIDER’S BANK ASK POF INTERBANK.
UNQUOTE
UNQUOTE
4) THE USD PRINCIPAL’S BANK TRANSFERS USD VIA CONDITIONAL SWIFT TO THE EURO PRINCIP-
AL’S CLOSING BANK COORDINATES THE FIRST TRANCHE OF 49,5 MILLION USD, AFTER RECEIPT
OF THE EURO-P MT799 OR EQUIVALENT on 2009.
5) UPON VERIFICATION, THE EURO PRINCIPAL’S CLOSING BANK SHALL THEN SEND, ON THE SAME
BANKING DAY AS ABOVE, VIA SWIFT UNCONDITIONALLY THE EURO TO THE USD PRINCIPAL’S
RETURN BANK IN ACCORDANCE WITH THE BANKING INSTRUCTIONS WITHIN THIS AGREEMENT.
6) FURTHER TRANCHES ARE TO BE CONTINUED AS PER THE ABOVE PROCEDURE UNTIL THE USD IS
EXHAUSTED OR THE AMOUNT OF AGREEMENT IS COMPLETED.
BANKING COORDINATES OF EURO PRINCIPAL AND USD PRINCIPAL AS PER ANNEX “A”
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 Buyer will not be held responsible for any harmful money launder-
ing.
The respective bank account details are listed in ANNEX “A” attached and cannot be changed for the
life of this agreement without written notice given to all beneficiaries of consulting fees and commis-
sions five days prior to any change.
5. CONSULTANCY FEES:
The PAYOR OF THE CONSULTING FEES AND COMMISSIONS AS WELL AS THE EURO PRINCIPAL
AND USD PRINCIPAL AS PRINCIPALS, irrevocably commit themselves to transfer, upon settlement of
each tranche exchanged, including all rolls and extensions, the consultancy fees as follows:
THE EURO PRINCIPAL shall release and otherwise transfer funds in the form of USD for payment of
The PAY ORDERS – Fee Agreement- attached herewith to the EUR and USD FACILITATORS &
BENEFICIARIES, to the nominated bank accounts indicated in the Pay Orders, by SWIFT WIRE
TRANSFER. All payments to facilitators wire transfers shall state the FOLLOWING instruction:
“FOR IMMEDIATE CREDIT- instant cash payment - same day value”
1. EXCHANGE RATE: The exchange rate is agreed as the official inter-bank exchange rate fixed in the
morning as of the date of exchange. The day when the EUROS funds are deposited in the USD Ac-
count for the transaction is considered as Exchange date.
And, it is in full force and effect until completion of the transaction and it is legally binding upon the Par-
ties signatories, their heirs, successors and assigns, agents, principals, attorneys and all associated Par-
ties involved in this contract transaction.
3. CODES OF IDENTIFICATION: The Parties to this contract agree that all documents related to this
transaction shall indicate the codes as indicated herein. And, the codes shall not be changed during
the term of this transaction contract, including all rollovers, renewals, extensions and all additions.
UNAUTHORIZED BANK COMMUNICATION: Neither Party is allowed to contact the Bank of the
other Party without the authorization of the Party whose Bank is to be contacted. Any unauthorized
contact act is breach of this contract.
4. TAXES, INSTITUTIONAL COSTS: Both Parties hereto individually and separately accept liability of
taxes, imposts, levies, duties or charges that may be applicable in the execution of their
respective roles in this transaction.
5. PENALTY CLAUSE FOR NON-PERFORMANCE: Should any of the Parties herein fail to perform
as required by this contract, once signed, and after the Term of Validity thereof had expired, then,
the failing Party shall indemnify the other Party for an amount of the 2% of the total quantity of the
transaction; and one percent of said two [2%] percent shall be paid and equally distributed, to each
of the facilitators that made the introduction of the signatories possible, if the non-defaulting signa-
tory to the contract files a default claim, if not, then, the two [2%] percent shall be paid to the facili-
tators only. The facilitators have the right to make a legal claim for such amount of two [2%] per-
cent as it applies, of the total amount contracted, in any court of jurisdiction against the party failing
to perform.
6. LAW AND ARBITRATION: This contract is a full recourse commercial commitment enforceable
under the laws of jurisdiction of the countries where this transaction is effectuated, and any dispute
is to be resolved under the ICC rules for arbitration, unless the aggrieved party takes legal ac-
tion in a court of jurisdiction. The Swiss, British or any European Union Country Law shall be the ap-
plicable law, as the aggrieved Party may choose, and shall govern the interpretation, construction,
enforceability, performance, execution, validity and any other such matters regarding this contrac-
tual agreement. The Parties hereto acknowledge and agree that any discrepancy and/or dispute in
application of this Agreement will be solved amicably, but if this is not possible, the arbitration pro-
cedure is to be followed.
7. This contract is intended to be performed in accordance with, and only to the extent permitted by all
applicable laws of jurisdiction, ordinances, rules and regulations. If any provision of this contract be
considered invalid or unenforceable, then, the reminder of this contract shall not be affected and
shall be enforced to the greatest extend permitted by law.
are mutually accepted by the Parties, shall be deemed legally binding and enforceable documents
for the duration of the transaction.
10. FORCE MAJEURE: The “FORCE MAJEURE” exception clause of the International Chamber of Com-
merce (ICC Publication No. 421) is hereby incorporated and made an integral part of this agree-
ment. A party cannot be held in default if the reason is caused by force Majeure. Case may be,
when executed by both PARTIES.
IN WITNESS WHEREOF, The undersigned have read this document and had advise of its legality and
after understanding the content of this contract written in the English language, by knowledge of the lan-
guage or by professional translation to the party’s language and legal advise, and initialed all the pages of
this contract and, fully understand and agree that its execution constitutes an acceptance of all of its mu-
tually protective covenants, terms and conditions, and is lawfully binding upon the “Parties”, and their legal
heirs, successors, representatives and assignees.
Each person who signs this contract as EURO PROVIDER or as USD PROVIDER or as their
MANDATE accepts full responsibility for performing under this contract, and realizes that they are
each subject to criminal liability for FRAUD, including up to FIVE YEARS in prison. If this case is
proven, the Penalty clause does apply always and at any time during the life of the present contract.
Penalty clause does not apply if the USD has not been confirmed at first as confirmation of USD depends on
the State/Nation AUTHORITIES concerned. The same situation will be reversible applicable for the
EURO PROVIDER.
Penalty clause does apply to the EURO PROVIDER if he did not send all the documents (as
per the list of ARTICLE 3 above) including the PROOF OF FUNDS, within 48 Hours after hav-
ing sent the contract signed to the USD PROVIDER.
Penalty clause does apply to the EURO PROVIDER and to the receiving Institutions if the certified
copies of documents sent to the concerned financial authorities, do not match the original docu-
ments sent bank to bank by the receiving Institutions.
Penalty clause does apply to the receiving Institutions if the COPYRIGHTS have not been
paid to USDP, within 48 hours after they received the PROOF OF FUNDS. The Blank Seal
does not apply then.
Penalty clause does not apply if the concerned Authorities stop the contract for any reason whatsoever. The
same prescription will be reciprocally applicable to the EURO PROVIDER and USD PROVIDER.
The USD PROVIDER and the EURO PROVIDER cannot be held responsible if the bank officers do not re-
spect the terms and conditions of the contract whatever the causes of such failure. In this case, the Penalty
clause does not apply.
The second party understands and agrees that any Confidential Information disclosed to them by the first
party pursuant to this Agreement is secret, proprietary and of great value to the first party which value may
be impaired if, the secrecy of such information is not maintained and respected.
The second party further agrees 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 second party may disclose the
Confidential Information to an assistant, agent or employee who has agreed in writing to keep such Informa-
tion confidential and to whom disclosure is necessary for the providing of services under this Agreement,
AND A SIGNED COPY OF SAID WRITTEN AGREEMENT (NC & ND Agreement) IS TO BE PROVIDED TO
THE SECOND PARTY FOR THEIR RECORD.
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION
PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL
CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY THE SIGNATURE.
NAME :
ADDRESS :
COUNTRY :
PASSPORT NO :
E-MAIL :
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION
PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I HAVE READ AND UNDERSTOOD THE FULL
CONTRACT. SIGNED AND SEALED ON THE DATE INDICATED BELOW BY SIGNATURE:
NAME :
ADDRESS :
COUNTRY :
PASSPORT NO :
E-MAIL :
ANNEX “A”
USD PRINCIPAL’S BANKING COORDINATES:
BANK NAME :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT N° :
IBAN CODE :
BANK OFFICER :
TELEPHONE N°. :
FACSIMILE N° :
E-MAIL BANK :
BANK NAME :
BANK ADDRESS :
ACCOUNT NAME :
ACCOUNT N° :
IBAN CODE :
BANK OFFICER :
CONTRACT ID :
CUSTOMER ID :
E-MAIL BANK :
ANNEX “B”
Week
_02
Week
_03
Week
_04
Week
_05
TOTAL
===> TOTAL OPEN ====>>
THE FOLLOWING TRANCHES WILL BE AGRRED BY THE BANKS. ADDITIONAL TRANCHES WILL BE IN THE
SAME AMOUNTS.
IF A TRANCHE DAY IS A NATIONAL HOLIDAY, THE EXCHANGE IS TO BE EXECUTED IN THE NEXT SUBSE-
QUENT OR IN THE PRIOR BANKING DAY. ALL OTHER TERMS AND CONDITIONS WILL BE IN ACCORDANCE
WITH THIS CONTRACT.
ANNEX “C”
IRREVOCABLE FEE AGREEMENT / PAY ORDER TO FACILITATORS
FOR THE TRANSACTION OF THE
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
ON THE MATTERS OF THE TRANSACTION CODE INDICATED HEREIN FOR THE EXCHANGE OF US DOLLARS
AGAINST EUROS IN THE TOTAL CONTRAT AMOUNT OF 50B USD WITH ROLLS AND EXTENSIONS AND A
TOTAL BONUS OF 5% TO BE PAID IN FEES,
IN UNITED STATES DOLLARS OR EUROS PER TRANCHE TRANSACTED OF PRINCIPAL SUMS, THESE CON-
SULTING FEES AND OR COMMISSIONS WILL BE PAID REGARDLESS WHETHER THE BANKS OR TRANSAC-
TIONS CODES ARE CHANGED. THE SAME PROPERTY RIGHTS OF INTRODUCTION OF SOURCES AND OF
BUSINESS CONNECTION WILL BE UPHELD AND HONORED AS PER CONTRACT.
FEES PAID BY THE EURO PRINCIPAL TO THE US DOLLAR SIDE BENEFICIARIES PAYMASTER:
A) USD SIDE : 2.50% SELLER SIDE COMMISSION OF THE CONTRACT TOTAL AMOUNT
B) EURO SIDE : 2.50% BUYER SIDE COMMISSION OF THE CONTRACT TOTAL AMOUNT
A1-1
PAYMASTER RECEIVING 2,50 % BUYER SIDE OF THE TOTAL CONTRACT VALUE
Beneficiary 0,83% MANDATE
Bank Name:
Bank Address:
SWIFT Code:
Account Name:
Account No:
IBAN Code:
Telephone No:
Facsimile No:
Bank Officer:
A1-2
Beneficiary 0,42%
FACILITATORS
Bank Name:
Bank Address:
SWIFT Code:
Account Name:
Account No:
IBAN Code:
Telephone No:
Facsimile No:
Bank Officer:
A1-3
Beneficiary 1,25% JAPM GROUP
Bank Name:
Bank Address:
SWIFT Code:
Account Name:
Account No:
IBAN Code:
Telephone No:
Facsimile No:
Bank Officer:
NAME :
ADDRESS :
COUNTRY :
PASSPORT NO :
E-MAIL :
ANNEX “D”
The USD Provider and the EURO P presents the legal tender United States Dollars (USD) and
EUROS available in a bank and warrants under penalty of perjury laws of jurisdiction as it applies,
that the US DOLLAR and EURO funds are totally derived from legal sources and not from any ille-
gal drug traffic or money laundering activities, terrorist group or association and neither from any
other criminal activity, and confirms that the funds are good, clean, clear, of non-criminal origin,
free from any liens and taxes, freely transferable to be exchanged for Euros (EURO) and USD
The parties must follow the guidelines provided by the rules of the banks on the Anti-Terrorism Act
and the U.S.A. Patriot Act I and II. The USD-PR and EURO-PR will not be held responsible for any
harmful money laundering.
Each Party, individually and separately, accepts liabilities on taxes, import, levies, duties or
charges that may be applicable while in the execution of their institutional role.
USD P EURO P
NAME NAME:
PASSPORT NO:
PASSPORT NO:
SIGN SIGN