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(In case of No upfront procedure, ICBPO or POF or PN is required through MT760, not by MT799 soon after we issue our Countersigned contract. We will not issue MT799 Pre-Advice without it FIRST from you. Provider will never issue MT799 Pre-Advice first, as it would be Solicitation if Provider initiates any document. That is illegal. Client has to issue ICBPO or POF or PN first as Collateral as per Verbiages given below or pay $28,000 to get our MT799 Pre-Advice first).

 

CLAUSE 3 (D) IN CONTRACT:

(D) ANY ONE OF ALL THESE 3 PAYMENT DOCUMENTS, ICBPO, OR BLOCKFUND POF, OR PROMISSORY NOTE HAVE TO BE SENT BY MT760 FOR 90 DAYS VALIDITY, BUT VALIDITY WILL AUTOMATICALLY EXPIRE AT THE COMPLETION OF THE TRANSACTION, I.E. BY THE PAYMENT OF THE BG/SBLC COST, WHICH MAY BE ABOUT 7 TO 10 DAYS IN GENERAL. MOREOVER, THEY WILL ALL EXPIRE AUTOMATICALLY IF MT760 PRE-ADVICE BY THE ISSUING BANK IS NOT SENT WITHIN 7 OR 10 BANKING DAYS THROUGH US.

 

 

APPENDIX A

ACCEPTABLE DRAFT OF

                    ACCEPTABLE DRAFT OF ICBPO

(PROVIDER-REQUIRED VERBIAGE)

ICBPO SWIFT MT760

(ICBPO ACCEPTABLE VERBIAGE FORMAT VIA SWIFT MT760)

------------------------------------------MESSAGE HEADER------------------------------------------

SWIFT INPUT:    MT760  ICBPO

SENDER:                              

BANK NAME:                      

BANK ADDRESS:

SWIFT CODE:                      

BANK OFFICER: 

Tel:                                        

Fax:                                        

 AMOUNT:

ACCOUNT NAME:              

ACCOUNT NUMBER:

 

RECEIVER:

BANK NAME:        

BANK ADDRESS:  

SWIFT CODE:      

BANK OFFICER:  

TELEPHONE NUMBER:

EMAIL ADDRESS:

ACCOUNT NAME:

ACCOUNT NUMBER:

IBAN NUMBER:

 ACCOUNT NUMBER USD:  

 IBAN NUMBER USD:           

 BENEFICIARY:                   

 ACCOUNT CURRENCY:   

------------------------------------------SWIFT MESSAGE TEXT----------------------------

TRANSACTION CODE:

TRANSACTION NUMBER:

 

     NARRATIVE:   WE, ____________ BANK NAME____________REPRESENTED BY THE UNDERSIGNED OFFICERS HEREBY OPEN OUR IRREVOCABLE, ASSIGNABLE, TRANSFERABLE, CONFIRM-ABLE AND CONDITIONAL BANK PAYMENT ORDER IN FAVOR OF ……………………. FOR AMOUNT OF EUROS/USD ------------------------------------------------ONLY (EURO/USD----------------) DUE 90 DAYS FROM THE DATE OF THE TRANSMISSION OF THIS SWIFT WHICH IS:____ (DATE), OR UNTIL THE TRANSACTION IS COMPETED.

  PAYMENT IS AVAILABLE ON THE BENEFICIARY'S FIRST WRITTEN DEMAND VIA BANK WIRE TRANSFER UPON THE SUCCESSFUL COMPLETION OF THE TRANSACTION  AS CONTAINED IN TRANSACTION CODE NO:XXXXXXX

 

WE ALSO CONFIRM THAT PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ACCEPTABLE.   WE, ENGAGE WITH YOU THAT THE DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE, CONDITIONAL BANK PAYMENT ORDER SHALL BE DULY HONORED ON THE PRESENTATION TO US.   THIS IRREVOCABLE, CONDITIONAL BANK PAYMENT ORDER IS SUBJECT TO UNIFORM CUSTOM AND PRACTICE FOR DOCUMENTARY CREDIT (1993 EDITION) I.C.C. PUBLICATION NUMBER 500.   THIS BANK PAYMENT GUARANTEE IS CASH-BACK AND IT SHALL EXPIRE ON:….   FOR AND ON BEHALF OF …………………(FULL NAME AND ADDRESS OF ISSUING BANK)   END OF TRANSMISSION: BANK OFFICER (1)                                                          BANK OFFICER (2)

NAME:                                                                                 NAME:

TITLE:                                                                                 TITLE:

---------------------------------------------------MESSAGE END-----------------------------------------------

APPENDIX B

ACCEPTABLE DRAFT OF

SWIFT INPUT: MT 760

PROOF OF FUNDS – BLOCKED FUNDS

 

------------------------------------------MESSAGE HEADER------------------------------------------

SWIFT INPUT:    MT760 BLOCKFUNDS PROOF OF FUNDS

SENDER:                                                                                            

BANK NAME:                                                                                       

BANK ADDRESS:                                                                           

SWIFT CODE:                                                                                      

BANK OFFICER:                                                                              

Tel:                                                                                                                  

Fax:                                                                                                                 

 AMOUNT:

ACCOUNT NAME:                                                                            

ACCOUNT NUMBER:

 

RECEIVER:

BANK NAME:        

BANK ADDRESS:   

SWIFT CODE:       

BANK OFFICER:   

TELEPHONE NUMBER:

EMAIL ADDRESS:

ACCOUNT NAME:

ACCOUNT NUMBER:

IBAN NUMBER:

ACCOUNT NUMBER USD:  

IBAN NUMBER USD:           

BENEFICIARY:                                                                                     

ACCOUNT CURRENCY:   

------------------------------------------SWIFT MESSAGE TEXT----------------------------

TRANSACTION CODE:

TRANSACTION NUMBER:

 

     NARRATIVE:

 

WE,-----------------------THE BANK, HAVING AN ADDRESS AT---------------- ,AND REPRESENTED BY THE UNDERSIGNED BANK OFFICERS HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY AND LIABILITY THAT OUR CLIENT-----------------------------HAS ON DEPOSITS WITH OUR BANK UNDER THEIR SOLE SIGNATURE IN ACCOUNT NUMBER---------------- (or IBAN NUMBER: -----------------), FOR THE SUM OF XXXXXXXXXX  MILLION.

THESE FUNDS ARE CLEAN, CLEARED, OF NON-CRIMINAL ORIGIN AND ARE FREE OFANY LIENS AND ENCUMBRANCES AND ARE AVAILABLE TO THE CLIENT WITHOUT ANY RESTRICTIONS.

 

IT IS VALID FOR 60 DAYS FROM THE DATE OF THE TRANSMISSION OF THIS SWIFT WHICH IS:____ (DATE), OR              UNTIL THE TRANSACTION IS COMPETED

 

PAYMENT IS AVAILABLE ON THE BENEFICIARY'S FIRST WRITTEN DEMAND VIA BANK WIRE TRANSFER UPON THE SUCCESSFUL COMPLETION OF THE TRANSACTION AS CONTAINED IN TRANSACTION CODE NO:XXXXXXX

 

WE ALSO CONFIRM THAT PARTIAL DRAWINGS AND MULTIPLE PRESENTATIONS ARE ACCEPTABLE.

 

WE, ENGAGE WITH YOU THAT THE DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE, CONDITIONAL BANK PAYMENT ORDER SHALL BE DULY HONORED ON THE PRESENTATION TO US.

 

THIS IRREVOCABLE, CONDITIONAL BANK PAYMENT ORDER IS SUBJECT TO UNIFORM CUSTOM AND PRACTICE FOR DOCUMENTARY CREDIT (1993 EDITION) I.C.C. PUBLICATION NUMBER 500.

 

THIS BANK PAYMENT GUARANTEE IS CASH-BACKED AND IT SHALL EXPIRE ON………..:….

 

FOR AND ON BEHALF OF ………………… (FULL NAME AND ADDRESS OF ISSUING BANK)

 

END OF TRANSMISSION:

 

BANK OFFICER (1)                                                          BANK OFFICER (2)

NAME:                                                                                 NAME:

TITLE:                                                                                 TITLE:

---------------------------------------------------MESSAGE END-----------------------------------------------

 

APPENDIX C

PROMISSORY NOTE VERBIAGE MT760 / MT760 

SWIFT INPUT: MT 799

PROMISSORY NOTE SWIFT MT760

DATE OF ISSUE:                XXXX / XX / XX

MATURITY:              90 DAYS FROM THE DATE OF ISSUE

VALIDITY:                 VALIDATION IS ALWAYS 90 DAYS or UNTIL THE TRANSACTION IS COMPLETED.                         

SENDING BANK:   

BANK ADDRESS:   

RECEIVING BANK NAME:

ADDRESS:

ACCOUNT NAME

ACCOUNT NUMBER:

IBAN :

SWIFT CODE

BANK OFFICER NAME

TEL / FAX

EMAIL

PERIOD OF ISSUE   :  NINETY (90) DAYS

CURRENCY          : EURO / USD

AMOUNT   : 

BENEFICIARY      :    XXXXXXXXXXXX

REFERENCE:  CONTRACT WITH TRANSACTION CODE:

 

FOR VALUE RECEIVED, WE …………(BANK NAME HERE)……., WITH ITS OFFICE LOCATED AT... (OFFICE)…. …………………., WITHOUT PROTEST AND NOTIFICATION, HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY TO THE ORDER OF: (BENEFICIARY NAME HERE) WITH ITS OFFICE LOCATED ATXXXXXXXXXXX , AT MATURITY, THE SUM OF XXXXXXX XXXXXXX XXXXXX XXXXXXX EURO (EURO €00,000,000.00) IN THE LAWFUL EUROPEAN CURRENCY.  SUCH PAYMENT SHALL BE MADE AT OUR OFFICES OR WIRE TRANSFER WITHOUT DELAY, PROTEST SET-OFF AND CLEAR OF ANY DEDUCTION OR CHARGES, FEES OR WITHHOLDING OF ANY NATURE NOW OR THEREAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED

SUCH PAYMENT SHALL BE MADE AT OUR OFFICES OR WIRE TRANSFER WITHOUT DELAY, PROTEST SET-OFF AND CLEAR OF ANY DEDUCTION OR CHARGES, FEES OR WITHHOLDING OF ANY NATURE NOW OR THEREAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY ANY LEGAL ENTITY. 

THIS PROMISSORY NOTE IS ASSIGNABLE, DIVISIBLE AND TRANSFERABLE AND SHALL BE GOVERNED AND CONSTRUCTED IN ACCORDANCE WITH THE LAWS OF SWITZERLAND …..TH OF .............. 2015..  

FOR AND BEHALF OF XXXXXXXXXXXXXX.

 

BANK OFFICER NAME                                                   BANK OFFICER NAME 

TITLE,                                                                                                   TITLE,

PIN NO.                                                                                                 PIN NO.                                 

 

 

 

I AGREE TO ISSUE ANY ONE OF THE MT760 AS PER VERBIAGES ABOVE AFTER GETTING THE COUNTERSIGNED CONTRACT FROM THE PROVIDER.

 

Signed this31 May 2015

 

 

 

                                                                                                <SEAL>

_____________________________                          Date: 31 May 2015     …………

Signatory Name:

Title: Director

Passport No.:

Country:

Date of Issue:

Date of Expiration:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX D

DRAFT SWIFT OFPRE-ADVICE VIA MT-799

(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)

TO:

FROM:

ATTN:

PLEASE ADVISE YOUR CLIENT:

RE: TRANSACTION CODE:

WE, ………… (ISSUING BANK NAME) HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE READY TO ISSUE AND DELIVER ONE (1) BG OF OUR CLIENT,……………IN THE FACE AMOUNT OF XXXXXXXXX IN FAVOR OF (BENEFICIARY).

THIS SWIFT MESSAGE IS VERIFIABLE ON NORMAL BANK-TO-BANK BASIS WITH FULL BANKING RESPONSIBILITY.

THERE WILL BE NO LIENS AND ENCUMBRANCES ON THIS INSTRUMENT WHICH SHALL BE DELIVERED AND AVAILED VIA MT760 AND EXACT BG AS PER FOLLOWING TEXT BELOW INSTRUCTION.

BG NUMBER

:

 

PLACE OF ISSUE

:

 

DATE OF ISSUE              

:

 

MATURITY DATE

:

 

CUSIP NO

:

 

ISIN NO

:

 

CURRENCY

:

 

FACE AMOUNT

:

 

BENEFICIARY NAME

:

 

 

FOR VALUE RECEIVED, WE…………… (NAME OF ISSUING BANK), AT…………… (FULL BANK ADDRESS), HEREBY ISSUE OUR IRREVOCABLE, UN-CONDITIONAL AND NEGOTIABLE BG NO.: …………… IN FAVOUR OF (BENEFICIARY) FOR THE AMOUNT OF XXXXXXXXX, VALID FOR ONE (1) YEAR AND ONE (1) DAYS AND DUE FOR PAYMENT AT MATURITY ON …………… (1 YEAR + 1 DAY MATURITY DATE FROM ISSUING DATE).

WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS BG AT MATURITY DATE, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF XXXXXXXX TO THE ORDER OF xxxxxxxxxxxxxxxxxxxx. THE BENEFICIARY’S THE BEARER OR HOLDER THEREOF AT MATURITY. SUCH PAYMENT SHALL BE MADE FREE AND CLEAR OF ANY DEDUCTIONS CHARGES, FEES OR WITHHOLDING, UPON RECEIVING BENEFICIARY’S FIRST DEMAND VIA BANK WIRE SYSTEM AND SURRENDER OF THIS BG NO: …………… AT THIS BANK AT MATURITY DATE.

THIS BG IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT PAYMENT OF ANY FEES. WE HEREBY ENGAGE WITH YOU THAT THE DEMAND MADE UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS BG, SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER BG NO: …………… DATED ……… (BG’SISSUE DATE).

THISBG IS CONSTRUED, GOVERNED AND ISSUED IN ACCORDANCE WITH THE RULES, REGULATIONS AND PRACTICES AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC), PARIS, FRANCE, PUBLICATION 600, LATEST REVISION.

THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR THE ACCOUNT OF APPLICANT.

FOR AND ON BEHALF: …………… (ISSUING BANK)

 

 

 

 

…..……………………………………..

AUTHORISED BANKER {1}

NAME, TITLE & PIN CODE

…..……………………………………..

AUTHORISED BANKER {2}

NAME, TITLE & PIN CODE

 

APPENDIX E

 

(Below is MT760 BG verbiage of ICC600, but you can have other ICC standard verbiages like ICC500 or ICC458 or ICC758, whichever you like can be replaced here)

 

DRAFT TEXT OF BANK GUARANTEE VIA MT-760

 

TO: (CLIENT BANK)

 

Date: ___________

 

BANK GUARANTEE NO.__________________

.

AT THE REQUEST OF ______________________(“APPLICANT”), WE,______________(the BGissuing bank and its address) HEREBY ISSUE OUR IRREVOCABLE BG NO._________________ IN FAVOUR OF (THE ‘BENEFICIARY’) FOR NOT EXCEEDING THE AMOUNT OF XXXXXXXXXX MILLION USD (SAY US DOLLARS $XXXXXX.00 ONLY) INCLUDING THE PRINCIPAL AMOUNT, INTEREST, PENALTY INTEREST, AND ANY OTHER FEES, EXPENSES WHICH ARE OR MAY BECOME PAYABLE TO THE BENEFICIARY UNDER THE FACILITY AGREEMENT REGARDING THE TERM LOAN FACILITY BETWEEN(THE BENEFICIARY) AND (THE ‘BORROWER’).

 

THIS BG IS AVAILABLE BY PAYMENT WITH US AGAINST THE BENEFICIARY’S DEMAND BY AUTHENTICATED SWIFT TO US STATING THAT THE AMOUNT OF SUCH CLAIM(S) REPRESENTS AND COVERS THE UNPAID BALANCE OF INDEBTEDNESS IN CONNECTION WITH THE BENEFICIARY’S GRANTING THE LOAN FACILITY TO THE BORROWER.

 

UPON RECEIPT OF THE BENEFICIARY’S AUTHENTICATED SWIFT CLAIM IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS BG, WE UNDERTAKE UNCONDITIONALLY TO REMIT THE PROCEEDS BY T/T TO THE BENEFICIARY IN ACCORDANCE WITH YOUR INSTRUCTIONS WITHIN FIVE (5) BANKING DAYS.

 

THE AMOUNT OF THIS BG WILL BE AUTOMATICALLY REDUCED BY THE AMOUNT OF ALL DRAWINGS HEREUNDER.

 

PARTIAL DRAWINGS ARE ACCEPTABLE.

 

THIS BG WILL BE EFFECTIVE FROM THE ISSUING DATE AND EXPIRE ON _______(the expiry date) AT THE COUNTER OF ISSUNG BANK.

 

THIS BG IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), ICC PUBLICATION NO.600.

 

(ELECTRONIC SIGNATURES OF TWO BANK OFFICERS WITH NAMES & TITLES)

 

 

…………………………………………                                                               …………………………….. ……………

NAME                                                                                                         NAME

TITLE                                                                                                         TITLE

PIN                                                                                                             PIN