1. PROVIDER & RECEIVER SHALL SIGN DOA AND IT BECOMES A FORMAL LEGAL BINDING CONTRACT BETWEEN BOTH PARTIES. THE AGREEMENT SHALL BE LODGED WITH EACH PARTY'S BANK WITHIN AFTER BEING SIGNED BY BOTH PARTIES.
2. PROVIDER & RECEIVER WILL AGREE ON A TIME WINDOW OF THREE (3) BANKING DAYS DURING WHICH PROVIDER’S BANK MUST TRANSMIT THE MT199 RWA (DRAFT TEXT AS APPENDIX-A) TO RECEIVER’S BANK. THE PROVIDER WILL PROVIDE THE RECEIVER, BY CORPORATE EMAIL, A COURTESY COPY OF THE SWIFT MT199 RWA TRANSMISSION AS WELL AS WITH A COPY OF AN AUTOREPLY SWIFT MESSAGE SENT BY THE RECEIVER’S BANK TO THE PROVIDER’S BANK WHICH VERIFIES THE TIME OF SENDING OF THE SWIFT COMPLIES WITH THE TIME WINDOW. BANK ISSUED TRACER OR BANKER EMAIL COMMUNICATION ARE NOT AN ACCEPTIBLE SUBSTITUTION TO THE AUTO REPLY SWIFT MESSAGE.
IN THE EVENT WHERE RECEIVER BANK DOES NOT RECEIVE THE SWIFT MT-199 DURING THE TIME WINDOW, THE PROVIDER WILL CAUSE HIS BANK OFFICER TO CONTACT RECEIVER BANK SWIFT TEAM AND REQUEST A REVIEW. THE PROVIDER WILL ARRANGE FOR RECEIVER TO BE INCLUDED IN ANY INQUIRY SECURE EMAIL SENT FROM PROVIDER BANK OFFICER TO RECEIVER BANK SWIFT TEAM.
3. RECEIVER’S BANK OFFICER REPLIES SWIFT MT199 RWA (DRAFT TEXT AS APPENDIX-B) TO PROVIDER’S BANK OFFICER.
4. ONCE THE PROVIDER’S RECEIVING BANK RECEIPT OF THE SWIFT MT199 RWA FROM RECEIVER’S BANK OFFICER, WITHIN TWO (2) BANKING DAYS THE PROVIDER INSTRUCTS HIS DELIVERING BANK TO SEND BANK’S PRE-ADVICE VIA SWIFT MT799 (DRAFT TEXT AS APPENDIX-C) TO THE RECEIVER’S RECEIVING BANK TO AUTHENTICATE AND CONFIRM THE PROVIDER’S ABILITY TO DELIVER THE SBLC.
5. WITHIN TWO (2) BANKING DAYS OF THE RECEIVER’S RECEIVING BANK RECEIPT OF THE BANK’S PRE-ADVICE VIA SWIFT MT799, RECEIVER’S BANK WILL ISSUE BANK PAYMENT UNDERTAKING (BPU) VIA MT799 (DRAFT TEXT AS APPENDIX-D) TO PROVIDER’S DESIGNATED RECEIVING ACCOUNT.
6. WITHIN TWO (2) BANKING DAYS OF THE PROVIDER’S RECEIVING BANK RECEIPT, AUTHENTICATION AND CONFIRMATION OF THE SWIFT MT799 BANK PAYMENT UNDERTAKING (BPU), THE PROVIDER BANK SHALL DELIVER SBLC BY SWIFT MT760 SBLC (DRAFT TEXT AS APPENDIX-E) TO THE RECEIVER RECEIVING BANK.
7. WITHIN THREE (3) BANKING DAYS OF THE RECEIVER’S RECEIVING BANK RECEIPT, CONFIRMATION AND AUTHENTICATION OF THE SWIFT MT760 SBLC, THE RECEIVER SHALL REMIT THE XXXXXXXXXXXX PERCENT (XX%) PURCHASE FEE TO THE PROVIDER’S DESIGNATED BANK, AND ADDITIONALLY PAYS OUT THE TWO PERCENT (2%) COMMISSION FEES, IN ACCORDANCE TO THE IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA) AS PER APPENDIX-G. AND SENDS THE TRANSFER SLIPS COPIES TO BENEFICIARIES BY EMAIL FOR VERIFICATION AND TRACKING.
8. WITHIN SEVEN (7) BANKING DAYS OF THE PROVIDER’S BANK RECEIPT OF THE AGREED PAYMENT, THE PROVIDER’S ISSUING BANK SHALL DELIVERS THE SBLC HARD COPY TO THE RECEIVER’S RECEIVING BANK VIA BANK BOND COURIER.
9. ALL SUBSEQUENT TRANCHES WILL BE BASED ON THE SAME PROCEDURES UNTIL THE FACE VALUE BECOMES EXHAUSTED.
10. ANY UNAUTHORIZED BANK CALLS WITHOUT AGREEMENT BETWEEN PARTIES, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR DISCLOSURE INVOLVING ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IN IMMEDIATE CANCELLATION OF THIS TRANSACTION AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
IF THE PROVIDER FAILS TO ISSUE SWIFT MT199, MT799 AND SWIFT MT760 THROUGH NORMAL BRUSSELS SWIFT SYSTEM WITH RECEIPT OR ACCORDING TO THE TRANSACTION PROCEDURE TIME, THE PROVIDER SHALL PAY 1% OF THE PENALTY TO THE RECEIVER.
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