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AGREEMENT FOR JOINT INVESTMENT

Private and Confidential


Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

THIS AGREEMENT IS MADE FOR EXCHANGING OF THE OFF-MARKET UNITED STATES OF AMERICA DOLLARS
(USD) AGAINST CNY/HKD/EURO/USDCURRENCIES AND ENTERED INTO AN EXECUTION ON THIS …….DAY
OF …………. 2018 BY AND BETWEEN THE FOLLOWING PARTIES:

PARTY A :
PASSPORT NO. :
NATIONALITY :
ADDRESS :
TEL NO. :
E-MAIL :
HEREINAFTER REFERRED TO AS THE “ PARTY A ” AND

PARTY B :
PASSPORT NO. :
NATIONALITY :
ADDRESS :
TEL NO. :
E-MAIL :
HEREINAFTER REFERRED TO AS THE “ PARTY B”

WHEREAS, THE PARTY A CONFIRMS WITH FULL CORPORATE AUTHORITYAND HAS THE POSSESSION OF
THE OFF-MARKET UNITED STATES OF AMERICA DOLLAR (USD) OF THE YEAR OF 1996-2010 EDITION TO
EXCHANGE AGAINST CNY/HKD/EURO/USD CURRENCIES AND ENTERS INTO THIS AGREEMENT UNDER
TRANSACTION CODE: USD___________

WHEREAS, THE PARTY B CONFIRMS WITH FULL CORPORATE AUTHORITY AND LEGAL RESPONSIBILITY, AND
DECLARES OF HAVING THE POSSESSION OF CURRENCIES ARE GOOD, CLEAN, CLEAR, AUTHENTICATED AS
GENUINE UNENCUMBERED AND OF NON-CRIMINAL ORIGIN AND READY, WILLING AND ABLE (RWA) TO
EXCHANGE AGAINST THE SAID USD OF THE YEAR OF 1996-2010.

NOW THEREFORE IN CONSIDERATION OF THE MUTUAL INTERESTS AND COVENANTS, BOTH PARTIES
HEREBY CONFIRM WITH FULL CORPORATE AND LEGAL RESPONSIBILITY, UNDER PENALTY OF PERJURY, AND
UNCONDITIONALLY AGREE ON THE FOLLOWING TERMS AND CONDITIONS STIPULATED HEREUNDER:

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 1 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

1. TERMS & CONDITIONS


Commodity: UNITED STATES OF AMERICA DOLLAR (USD) OF :1996-2010
Contract
USD 20,000,000,000.00
Quantity:
USD 100 DOLLAR BANK NOTE (90%)
Denomination:
USD 20, 5,2,1 DOLLAR BANK NOTES (10%)
Net to Buyer 15%
Discount Rate &
2.5% for Seller’s side paid from Seller’s Account (closed)
Commission
2.5% for Buyer’s side paid from Seller’s Account
Delivery: FOB BANGKOK THAILAND
First Tranche: USD 500,000,000.00
Subsequent
TO BE MUTUALLY AGREED (DELIVERY SCHEDULE ATTACHED)
Tranches:
Exchange
BY THAI BAHT
Currency:
BY CASH TRANSFER, BANK PAYMENT GUARANTEE INTO PARTY A’S
Payment Mode: ACCOUNT AT KASIKORN BANK, PHAHOLYOTHIN BRANCH OFFICE,
BANGKOK, THAILAND

2. DOCUMENTATION :
2.1 CUSTOMS DOCUMENT
2.2 OWNERSHIP CERTIFICATE
2.3 POSSESSION CERTIFICATE

3. PROCEDURES
3.1 THE PARTY ‘A’ AND PARTY ‘B’ SIGN THIS AGREEMENT IN BANGKOK IN ENGLISH VERSION AND
EXCHANGE FOUR (4) ORIGINALS WITH TWO (2) SETS FOR THE PARTY ‘A’ AND TWO (2) SETS
FOR THE PARTY ‘B’.
3.2 WITH THIS AGREEMENT, BOTH PARTIES MUST PROVIDE PROOF OF FUNDS (POF) or BANK
CASHIER CHEQUE OR OTHERWISE STATED WITH THE AMOUNT OF USD 500,000,000.00 (UNITED
STATES DOLLARS FIVE MILLION) AFTER POSITIVE VERIFICATION OF THE PARTY B AND PARTY
A’S POF, THE PARTIES BANK OFFICERS MUST CONFIRM THE EXISTANCE OF FUNDS VIA BANK
TO BANK OR BANK TO WAREHOUSE BASIS.

4. OTHER CONDITIONS
BOTH PARTIES AGREED TO FOLLOW THE INSTRUCTION DESCRIBED IN THE PROCEDURE OF THIS
AGREEMENT. IF THERE IS ANY CHANGE FROM ANY PARTIES, THE MEETING MUST BE HELD AND BOTH
SIDES MUST ACKNOWLEDGE THE ALTERATION AND MUTUALLY SIGN IN THE AGREEMENT. OTHERWISE
THIS AGREEMENT OF EXCHANGE FOREIGN CURRENCY UNITED STATED OF AMERICA DOLLAR (USD)
WILL BE AUTOMATICALLY RENDERED NULL AND VOID WITHOUT ANY WRITTEN NOTIFICATION.

5. NON-CIRCUMVENT & NON-DISCLOSURE


PARTY A AND PARTY B ACCEPT AND AGREE TO THE PROVISIONS OF THE INTERNATIONAL CHAMBER
OF COMMERCE, PARIS FRANCE, FOR NON-CIRCUMVENT AND NON-DISCLOSURE, WITH REGARD TO

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 2 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

ALL AND EVERY ONE OF THE THIRD PARTY ASSIGNMENTS WITH FULL RECIPROCATION FOR A PERIOD
OF 5(FIVE) YEARS FROM THE LAST PERFORMANCE OF DELIVERY.

6. BANKING COORDINATES
PARTY A BANKING DETAIL AND PARTY B BANKING DETAIL, APPENDIX A

7. FORCE MAJEURE
“NO PARTY SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS WHERE SUCH FAILURE
IS AS A RESULT OF ACTS OF NATURE (INCLUDING FIRE, FLOOD, EARTHQUAKE, STORM, HURRICANE OR
OTHER NATURAL DISASTER), WAR, INVASION, ACT OF FOREIGN ENEMIES, HOSTILITIES (WHETHER WAR
IS DECLARED OR NOT), CIVIL WAR, REBELLION, REVOLUTION, INSURRECTION, MILITARY OR USURPED
POWER OR CONFISCATION, TERRORIST ACTIVITIES, NATIONALIZATION, GOVERNMENT SANCTION,
BLOCKAGE, EMBARGO, LABOR DISPUTE, STRIKE, LOCKOUT OR INTERRUPTION OR FAILURE OF
ELECTRICITY [OR TELEPHONE SERVICE] IN SUCH CIRCUMSTANCES. ANY PARTY ASSERTING FORCE
MAJEURE AS AN EXCUSE SHALL HAVE THE BURDEN OF PROVING THAT REASONABLE STEPS WERE
TAKEN (UNDER THE CIRCUMSTANCES) TO MINIMIZE DELAY OR DAMAGES CAUSED BY FORESEEABLE
EVENTS, THAT ALL NON-EXCUSED OBLIGATIONS WERE SUBSTANTIALLY FULFILLED, AND THAT THE
OTHER PARTY WAS TIMELY NOTIFIED OF THE LIKELIHOOD OR ACTUAL OCCURRENCE WHICH WOULD
JUSTIFY SUCH AN ASSERTION, SO THAT OTHER PRUDENT PRECAUTIONS COULD BE CONTEMPLATED."

8. APPLICABLE LAW
IT IS AGREE THAT THE LANGUAGE OF THIS AGREEMENT IS THE ENGLISH. IT IS FURTHER AGREED THAT
ANY CONTROVERSY, CLAIM AND/OR DISPUTE ARISING OUT AND/OR RELATING TO ANY PART OR THE
WHOLE OF THIS AGREEMENT OR BREACH THEREOF AND WHICH CANNOT BE SETTLED BETWEEN THE
SIGNATORIES THEMSELVES, SHALL BE SETTLED BY AND THROUGH BINDING ARBITRATION IN
ACCORDANCE WITH THE RULES OF THE ICC 500 INTERNATIONAL CHAMBER OF COMMERCE.

ANY DECISION AND/OR AWARD MADE BY THE ARBITRATORS SHALL BE FINAL, CONCLUSIVE AND
BINDING ON THE PARTIES AND ENFORCEABLE LAW IN THE COUNTRY OF CHOICE OF AN AWARD BY
THE ARBITRATORS. IN THE EVENT OF DISPUTE THE THAI LAW SHALL BE APPLIED. THE ARBITRATION
SHALL BE CONDUCTED IN THAILAND AND THE COURT ARBITRATION SHALL BE IN THAILAND

9. TIME LIMITATION
IT IS MUTUALLY AGREED THAT WITHIN 15 DAYS AFTER SIGNING OF THIS AGREEMENT, THE PARTY B’S
BANK IS OBLIGED TO PROVIDE PARTY A THE PROOF OF FUNDS (POF) FOR VERIFICATION AND
AUTHENTICATION. SHOULD THE PARTY B BE UNABLE TO PROVIDE HIS PROOF OF FUNDS WITHIN
THESE 15 DAYS, THIS AGREEMENT FOR USD EXCHANGING WILL BE AUTOMATICALLY RENDERED NULL
AND VOID WITHOUT ANY WRITTEN NOTIFICATION. IT IS REITERATED THAT, WITHIN OR LESS THAN 12
DAYS AFTER SIGNING THIS AGREEMENT, THE PARTY B SHALL BE COMPLETELY PROVIDING THE PROOF
OF FUNDS TO PARTY A FOR THE PARTY A TO HAVE ENOUGH TIME TO CONDUCT THE VERIFICATION
AND BLOCKING OF FUNDS, AND INCLUDE THE ISSUANCE OF PB 2% AGAINST THE FUNDS BLOCKING .
OTHERWISE THE EXTENSION OF THE AGREEMENT TIME LINE SHALL BE REQUIRED FOR ANOTHER
MORE 15 DAYS. THE APPEAL SHALL BE IN WRITING TO PARTY A IN 03 DAYS BEFORE EXPIRY PERIOD
AND ALL COST IF ANY SHALL BE BORNE BY THE PARTY B.

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 3 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

IN THE WITNESSES WHEREOF:

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 4 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

ALL SIGNATORIES HERETO ACKNOWLEDGE THAT THEY HAVE READ AND EACH PARTY FULLY
UNDERSTANDS THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND BY THEIR INITIALS
AND SIGNATURE HEREBY UNCONDITIONALLY AGREE TO ITS TERMS AS OF THE DATE NOTED HEREIN.

SIGNATUREIES BELOW ARE BOTH PERSONAL AND CORPORATE LIABILITIES

PARTY A : ……………………………………………………………….
NAME AND SURNAME :
………..PASSPORT NO. :
COUNTRY OF ORIGIN :

PARTY A WITNESS : ……………………………………………………………….


NAME AND SURNAME :
………..PASSPORT NO. :
COUNTRY OF ORIGIN :

PARTY B :……………………………………………………………….
NAME AND SURNAME :
………PASSPORT NO. :
COUNTRY OF ORIGIN :

PARTY B WITNESS : ……………………………………………………………….


NAME AND SURNAME :
…….PASSPORT NO. :
COUNTRY OF ORIGIN :

APPENDIX A

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 5 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

PARTY A BANKING DETAILS:

BANK NAME :
BANK ADDRESS :
ACCOUNT NO. :
ACCOUNT NAME :
SWIFT CODE :
BANK OFFICER :
BANK TEL :
BANK FAX :

PARTY B BANKING DETAILS:

BANK NAME :
BANK ADDRESS :
ACCOUNT NO. :
ACCOUNT NAME :
SWIFT CODE :
BANK OFFICER :
BANK TEL :
BANK FAX :

APPENDIX B

DELIVERY SCHEDULE OF USD 20 BILLIONS


DURATION FOR 90 DAYS

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 6 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

Delivery
Volume of delivery Remarks
item no.
Two
1 USD500,000,000.00
times/week
2 USD500,000,000.00
3 USD500,000,000.00
4 USD …………………..
5 USD …………………..
6 USD …………………..
7 USD …………………..
8 USD …………………..
9 USD …………………..
10 USD …………………..
11 USD …………………..
………………
TOTAL USD 20,000,000,000.00

REMARKS:
THE BANKING CO-OPERATIONS BELOW ARE STRICTLY TO BE FOLLOWED:
1. ALL COMMUNICATIONS AND COORDINATION BETWEEN REPRESENTATIVES OF THE TWO
PARTIES AND INFORMATION REPORTS BETWEEN BOTH BANKS SHALL BE ALL IN WRITING.

2. DURING THE VERIFICATION PROCESS OF PARTY B’S POF, THE PARTY A’S BANK OFFICER SHALL
RESERVE ALL RIGHTS TO SOLICIT ANY NECESSARY INFORMATION CONCERNING PARTY B’S
FINANCIAL DOCUMENTATION. IN RETURN, PARTY B AND HIS BANK SHALL PROVIDE THE
SOLICITED DOCUMENTS AND DELIVER TO PARTY A’S BANK THROUGH HIS REPRESENTATIVE. THE
CORRECTNESS IF ANY SHAL BE PROVEN LATER ON.

3. THE FINANCIAL VERIFICATION OF PARTY B’S POF IS REQUIRED TO BE APPROVED IN WRITING BY


THE PARTY A’S BANK OFFICER PRIOR TO FURTHER STEPS OF THE OPERATION HERETO.

4. THE PARTY A’S BANK OFFICER SHALL NOT ISSUE ANY DOCUMENT TO PARTY B OR HIS BANK
UNTIL THE FINANCIAL VERIFICATION IS POSITIVELY PROVEN AND ACCEPTABLE TO THE PARTY
A’S BANK OFFICER.

5. THE PARTY A’S BANK OFFICER SHALL ACCEPT THE PARTY B’S POF AND BE READY TO ISSUE THE
LETTER OF FINANCIAL ACCEPTANCE AS LONG AS:

5.1. THE PARTY B’S FINANCIAL VERIFICATION IS PROVEN REAL AND GENUINE, AND IS
EXACTLY SUFFICIENT FOR THE EXCHANGE OF THE COMMODITY IN EACH TRANCHE.

5.2. THE PARTY B’S FINANCIAL VERIFICATION ISSUED BY HIS BANK HAS FOLLOWED
ACCORDINGLY TO THE FORM OF FINANCIAL DOCUMENT PROVIDED BY PARTY A IN

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 7 of 8 PARTY B’s Signature


AGREEMENT FOR JOINT INVESTMENT
Private and Confidential
Transaction Code :
USD Provider’s Code :
THB Provider’s Code :

A TRUTHFUL MANNER, AND IT COMPLIES TO THE INTERNATIONAL FINANCIAL


LAWS AND REGULATIONS (ICC500/600).

6. ONLY THE AUTHROZIED BANK OFFICER AND COORDINATOR OF BOTH PARTIES SHALL BE IN
CONTACT WITH EACH OTHER. IF ANY OTHER PERSON OR UNAUTHORIZED THIRD PARTY HAS
MADE ANY ATTEMPT TO CONTACT WITH ANY BANK OFFICER HEREIN, THIS AGREEMENT SHALL
BE TERMINATED AUTOMATICALLY WITHOUT PRIOR WRITTEN NOTICE.

------------ END OF CONTRACT ------------


(THIS DOCUMENT IS STRICTY FORBIDDEN FOR DISCLOSE TO PUBLIC)

STRICTLY CONFIDENTIAL AND PROPRIETARY

PARTY A’s Signature Page 8 of 8 PARTY B’s Signature

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