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DOA IBAA HANZ 1T MD 13 NOV 2021 Signed & Sealed

This document outlines an agreement between IBAA Fund (HK) Limited and Hanz Holdings Ltd regarding the transfer of €1 trillion via SWIFT MT103/202 manual download FTP mode for investment purposes. Key details include the parties and their representatives, bank account information, terms of the transaction procedure using FTP mode, and specifications of the initial €500 billion tranche. The agreement is signed by both parties to legally bind them to the terms for the cash transfer through SWIFT's international platform.

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0% found this document useful (0 votes)
676 views14 pages

DOA IBAA HANZ 1T MD 13 NOV 2021 Signed & Sealed

This document outlines an agreement between IBAA Fund (HK) Limited and Hanz Holdings Ltd regarding the transfer of €1 trillion via SWIFT MT103/202 manual download FTP mode for investment purposes. Key details include the parties and their representatives, bank account information, terms of the transaction procedure using FTP mode, and specifications of the initial €500 billion tranche. The agreement is signed by both parties to legally bind them to the terms for the cash transfer through SWIFT's international platform.

Uploaded by

Terenz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021

TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021


DATE: 13th NOVEMBER 2021

AGREEMENT ON DELIVERY OF CASH FUNDS FOR INVESTMENTS


BY TRANSFER VIA MT103/202 MANUAL DOWNLOAD FTP MODE
(SWIFT MT-103/202 MD FTP MODE)
Agreement №: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
Transaction Code N°: IBAA-HANZ/1T/MD/13112021

BETWEEN

IBAA FUND (HK) LIMITED

AND
HANZ HOLDINGS LTD
Date: November 13th, 2021

THIS SERVICE AGREEMENT IS A LEGAL AGREEMENT BETWEEN SENDER AND RECEIVER. PLEASE READ
THIS AGREEMENT CAREFULLY. BOTH PARTY ARE HEREBY AGREE TO BE LEGALLY BOUND BY THIS
AGREEMENT.THIS MEANS THAT, BY INVESTMENT & PARTNERSHIP COOPERATION BOTH
ACCEPTS ALL TERMS AND CONDITIONS OF THIS AGREEMENT UNCONDITIONALLY.

PARTNERSHIP AGREEMENT ON INVESTMENTS MANAGEMENT


(SWIFT MT-103/202 MD FTP MODE)

AGREEMENT NUMBER: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021

SENDER Page 1 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

THIS COOPERATION AGREEMENT ON INVESTMENT MANAGEMENT OF THE TRANSFER OF


FINANCIAL INVESTMENT PROGRAMS PROJECT TO PURCHASE MEANS, EQUIPMENT,
MECHANICAL, MEDICAL TECHNOLOGY, MEDICINE FOR COVID-19 PREVENTION BY TRANSFER
VIA SWIFT MT103/202 MANUAL DOWNLOAD FTP MODE THROUGH THE GLOBAL SWIFT
INTERNATIONAL PLATFORM (HEREINAFTER REFERRED TO AS THE “AGREEMENT”), COMES
INTO FORCE ON NOVEMBER 13th, 2021 OR BECOMES NULL AND VOID AUTOMATICALLY IF ALL
THE RECIPIENT'S MISSING CODES AND PERMITS LISTED IN ARTICLES BELOW ARE NOT
SUBMITTED FOR VERIFICATION AND APPROVAL BY SENDER, WHICH IS CONCLUDED BY AND
BETWEEN THE FOLLOWING PARTIES:

Transaction code : IBAA-HANZ/1T/MD/13112021


Agreement N° : IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
Date : November 13th, 2021

SENDER Page 2 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

(Hereinafter, referred to, as “the Agreement”) is entered on the date of 13th November 2021
by and between the following parties:

The PARTY A - the INVESTOR:

COMPANY NAME: IBAA FUND (HK) LIMITED


REGISTRATION N°: 2639552
COMPANY ADDRESS: RM 1805-06. 18/F HOLLYWOOD PLAZA 610 NATHAN RD KLN
HONG KONG
REPRESENTED BY: MR. GAO YUAN
PASSPORT NO.: G26027656 (CHINA)
DATE OF ISSUE: 27.11.2017
DATE OF EXPIRY: 26.11.2027
BANK NAME: DEUTSCHE BANK AG
BANK ADDRESS: TUANUSANLGAE 12, 60325 FRANKFURT AM MAIN , GERMANY
BANK SWIFT CODE: DEUTDEFF
ACCOUNT NAME: IBAA FUND ( HK) LIMITED
IBAN NUMBER: DE 60-500-70010-09512-26010

Hereinafter referred to as the Party A or the INVESTOR) And

The PARTY-B - THE RECEIVER:

COMPANY NAME: HANZ HOLDINGS LTD


COMPANY ADDRESS: LEVEL 15(A), MAIN OFFICE TOWER, FINANCIAL PARK COMPLEX,
JALAN MERDEKA 87000 F.T. LABUAN, MALAYSIA
COMPANY REG. N°: LL17490
REPRESENTED BY: Miss SULIHANA BINTI SALLEH
PASSPORT N° I VALIDITY: A53409207 I 08 AUG 2019 I 08 AUG 2024
COUNTRY OF: MALAYSIA
ACCOUNT NAME: HANZ HOLDINGS LTD
BANK NAME: CIMB BANK BERHAD, LABUAN OFFSHORE BRANCH
BANK ADDRESS: LEVEL 14(A), MAIN OFFICE TOWER, FINANCIAL PARK COMPLEX,
JALAN MERDEKA 87000 F.T. LABUAN, MALAYSIA
ACCOUNTN°: 86000314
SWIFT CODE: CIBBMY2LXXX
BANK OFFICER NAME: PUAN NORLELA BINTI OMAR
BANK OFFICER PHONE: +6087-597-500
BANK OFFICER MAIL: [email protected]

(Hereinafter referred to as the “Party B” or the “RECEIVER”)

Party B is an international joint venture organization, has investment projects in the


ASEAN region, the EU and other regions to develop the community economy, is in need of
financial re-sources, is competent and will strictly comply with all Banking Laws and
Regulations, set forth through compliance and due diligence requirements for all
International Banking / Corporate / Commodity transactions all around the world. Party B
is capable of accepting de-posits / money from all over the world, Party B is capable of
accepting / signing International / Global Business Transactions through Swift
MT103/202 Manual Download FTP Mode.

SENDER Page 3 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

PARTY B will manage all the payment instructions of Party A (the investor).

Whereas Party-A and Party-B are individually known as Party and jointly known as Parties.

Whereas Sender is holding an account with cash funds to be transferred to Partner


designated account Swift MT103/202 Manual Download FTP Mode through the Global Swift
International Platform aiming at investments.

Whereas Receiver is ready, willing and able to receive said cash funds into its designated
account via Swift MT103/202 Manual Download FTP Mode through the Global Swift
International Platform and to execute the distribution and transfer of said received funds to
designated parties and bank accounts via SWIFT Message MT103/202, in accordance with the
terms and conditions in this Agreement.

Whereas, Receiver has further made arrangement with a third party (hereinafter referred to
as Facilitator), to facilitate the execution of the said delivery of cash funds for investments and
Receiver and Facilitator shall authorize and instruct their designated Trustee to receive said
funds and proceed on the agreed distribution and transfer of cash funds, in accordance with
the terms and conditions in this Agreement.

Statement: Both undersigned Parties, with full corporate responsibility, under penalty of per-jury,
do hereby confirm that they are ready, willing and able to transfer good, clean, clear, legally owned
and of non-criminal origin Euro Currency. This currency transaction is a transfer via Swift
MT103/202 Manual Download FTP Mode through the Global Swift International
Platform process, according to an agreed Bank-to-Bank procedure, at the Euro transfer rate
on the day of the transaction, as per the following conditions.

Non-Solicitation: Receiver hereby confirms and declares that Sender, its associates or
representatives or any person or persons on its behalf has/have never been solicited by any
party, its shareholders or associates or representatives in any way whatsoever that can be
construed as a solicitation for this transaction or for future transactions. Any delay in or
failure of performance by either party of their respective obligations under this Agreement
shall constitute a breach hereunder and will give rise to claims for damages if, and to the
extent that such de-lays or failures in performance are not caused by events or circumstance
beyond the control of such party. The term “Beyond the Control of Such Party” includes Act of
War, Rebellion, Fire, and Flood, Earthquake, or other natural disasters. Any other cause not
within the control of such party or which is by exercise of reasonable diligence, the party will
be unable to foresee, prevent, or remedy.

SENDER Page 4 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

NOW THEREFORE, it is agreed as follows:

Article 1. Procedure
Both undersigned Parties, with full corporate responsibility, under penalty of perjury, do
hereby confirm that they have agreed on the following steps for the FTP Mode Procedure
MT103 in Manual Download:

1. Both Party completes, signs and seals this Agreement.


2. MT-103/202 Manual Download via FTP Mode
3. Enter TRN To Track Transaction
4. A screen appears with all transaction strings and values already set-in
5. Confirm all strings and values by Flagging the relevant check-box or
6. Confirm all strings and values by clicking OK
7. Download starts automatically and will last 15 to 20 minutes
8. Soon after download, Automatic compensation starts
9. Do not exit till it ends.
10. Within 5 (live) banking days after download of the funds, the Receiver makes pay-
out as indicated in the signed PGL which form an integral part of this Agreement.

PLEASE NOTE: There are no Party-A (Investor) bank officer investments at any stages of the
download. No phone or screen verification at all. The only possibility is to verify after the
download finished, and the Party-B’s (Receiver) account is credited.

Article 2. Subject and Purpose of Agreement.

2.1. Under this Agreement, Parties have agreed that Investor will invest via Swift MT103/202
Manual Download FTP Mode through the Global Swift International Platform, Customer Credit
Transfer a total amount of € 1,000,000,000,000.00 (One Trillion Euros) with possible Rolls
& Extension and with a first tranche of € 500,000,000,000.00 (Five Hundred Billion Euro).
Below the Transaction description and details:

DESCRIPTION OF TRANSACTION

Swift MT103/202 Manual Download FTP Mode


Sender’s Instrument :
through the Global Swift International Platform

€ 1,000,000,000,000.00
Total Face Value:
(One Trillion EURO) with R&E

1st Tranche: € 500,000,000,000 (Five Hundred Billion EURO )

2nd Tranche: € 500,000,000,000 (Five Hundred Billion EURO )

SENDER Page 5 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

2.2. Investment tranches agreed additionally for the purpose specified in the item 3.1 of the
present Agreement, and Beneficiary irrevocably agrees to receive and accept Investment
and utilize it according to the purposes specified in the item 3.1. of present Agreement.
Wherein Beneficiary performs each payment only after consultation with the Investor,
which is confirmed in writing to the Investor certified by an original signature and seal
and transferred Beneficiary scandium copy of the additional agreement with the agreed
E-mail address or direct Investor representatives on paper.

2.3. Places of Business- As the Beneficiary may locate its place or places of business at any
place or places as he may from time to time determine and identify to the Investor. The
initial places of business shall be at its principal office location.

2.4. P shall have full power and authority to supervise and direct the Investment Funds,
including the power and authority to effect transactions in any project, construction,
research, technology, infrastructure, and others after consultation with Investor.

Article 3. Capital Contribution.

3.1. Investment under the present Agreement granted by the Investor for the Beneficiary for
the financing of approved projects.
3.2. Investor hereby warrants and assures to Beneficiary under penalty of perjury that the
Investment funds are derived from legal sources and not from any other criminal
activity. Further, the Investor warrants and confirms that the fund are good, clean, and
cleared, of non-criminal origin and totally free of any terrorist activities, free from any
costs, charges, encumbrances, liens, litigation, mortgages, taxes of any kind or nature
whatsoever.
3.3. Investor / Sender’s Bank Details & Description of the instrument (see above)
3.4. The Investment Tranches to be determined by the Parties mutual agreement and the
tranches of the Investment Funds to be transferred to the Beneficiary bank accounts
details designated herein.
3.5. These amounts to be transferred in agreed tranches and time of transfer of each tranche
has to be agreed via MT103 Manual Download Transfer.
3.6. Payments will be made by clean and clear money funds of non-criminal origin, free of liens
and encumbrances, in accordance with the following international acts:
- The Drug Trafficking Act of 1986;
- The Criminal Act of 1988;
- The Prevention of Terrorism (Temporary Provisions) Act of 1989;
- The Criminal Justice (International Cooperation) Act of 1990;
- The Criminal Justice Act of 1993;
- The Trade Secret Act of 1979;
- Economic Espionage Act codified as 18 U.S.C. §§1831-1839;
- The Anti-Terrorism Act and the Patriot Act I and II (2003 and latest revision);
- Federal law on Money Laundering (Switzerland) of 1997.
3.7. After each transfer of funds Via MT103 Manual Download Transfer for the Investor´s
Projects, the Beneficiary immediately provides a copy statement of his account to the
Investor in order to verify the acceptance of the funds for the investment.

SENDER Page 6 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

Article 4. Rights and Obligations of the Parties


4.1. Investor irrevocably undertakes to:
4.1.1. Grant to the Beneficiary Investment in amount and on conditions specified above
and if it necessary in the Appendixes or Additions of the present Agreement.
4.1.2. Make transfer of Investment from clean and clear funds of non-criminal origin, free
of liens and encumbrances.
4.1.3. Control the usage of Investment funds.
4.1.4. All Investment Project(s) and additional contracts must be approved by Investor.
The decision on whether to invest or not, can only be confirmed by the Beneficiary.
No Party hereto shall have the right, directly or indirectly, by operation of law or
otherwise, to assign, sell, mortgage, encumber or otherwise transfer all or any
portion of the Investment funds. Only the Beneficiary is authorized by Investor to
manage the Investment Funds and to execute any contract(s) or other agreement(s)
or document(s) for Investment Service with prior written notice to the Investor.
4.2. Beneficiary irrevocably undertakes to:
4.2.1. Submit present contract in Beneficiary’s receiving bank and arrange reception of
Investment.
4.2.2. Receive and accept Investment sent by the Investor.
4.2.3. Utilize Investment according to the conditions of granting of the Investment.
4.2.4. In any and every case, do not use directly or indirectly Investment, profit received
from investment or reinvestment for all and any illegal activity, including but not
limited to weapons and warfare trade, illegal drug trade, criminal and/or
terroristic activity, slavery, piracy etc.
4.2.5. Subject to the other terms of this Agreement, the business and affairs of the Project
shall be managed solely and exclusively by the Beneficiary which represents and
warrants that it is not deemed a “professional financial advisor” as de-fined under
the Investment Advisors Act of 1940 of the United States of America, as amended,
or as defined by the laws, rules, and regulations of any other country or
jurisdiction.
4.2.6. At Investor’s request, Beneficiary will provide, or instruct its affiliates to provide,
reports as to the status of the Investment Funds and Service. Investor hereby
acknowledges and agrees that Beneficiary will not be responsible for the accuracy
of any information disclosed in any such report which may be provided by a third
party.

Article 5. Responsibility of Parties

5.1. Party, breached its obligation under present Agreement, is obliged immediately inform
other Party and make all depending to eliminate all breaches.
5.2. Parties carry sole responsibility for their obligations to third persons, if other is not
stipulated hereto and in the Addendums to the present Agreement.

Article 6. Expenses and Losses of Parties; Indemnity; Taxes

6.1. For the losses, caused by non-fulfillment or/and untimely fulfillment of obligations by any
Party, suffered Party have right to claim compensation for the really originated and
documentary confirmed losses.

SENDER Page 7 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

6.2. Beneficiary does not guarantee the future performance of any Investment Project(s)
which it may present to Investor from time to time and Investor approves. Investor
understands that any decisions made by Beneficiary are subject to various markets,
currency, economic, political, and business risks, and that those investment decisions
will not always be profitable.
6.3. The Parties shall indemnify each other during the term of this Agreement against all
claims, causes of action, suits, damages, liabilities and expenses (including
reasonable
Attorneys fees) which may be directed against any Party, or for which it may be liable or
compelled to pay in any action or claim against it as a direct or indirect result of any of
its investments. Each Party agrees to defend such claim, suit, action or proceeding at its
sole expense.
6.4. The Parties shall be responsible for the payment of their respective taxes, impost, levies,
duties, charges and any institutional costs or fees levied upon them by any financial
institution or government relative to the execution of their obligations under this
Agreement. In this regard, each Party shall indemnify and hold the other harmless for
any and all liabilities of the other Party.
6.5. Gained in this Agreement which, by their terms, require performance after the expiration
or termination of this Agreement shall be enforceable notwithstanding the expiration
or other termination of this Agreement.
6.6. Headings. Headings are included solely for convenience of reference and if there is any
conflict between headings and the text of this Agreement, the text shall control.
6.7. Currency. Any exchange of funds between the Parties shall be made in currency of the
European Union (Euros).
In addition, all calculations pursuant to this Agreement and any Joint Venture
Agreement shall be based on ICC regulations in Paris.

This Agreement is read, approved and signed by both parties in two (2) copies, by one (1)
copy for each of the Parties, in all pages, on this date of November 13th, 2021.

In Witness Whereof the below named parties have signed and executed this Agreement and
its appendices and all the original copies hereto, on the date first above written.
A facsimile and/or e-mail copy of this document, and any other related documents, shall be all
deemed equally valid as the original of this document.

SENDER Page 8 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

AGREED AND ACCEPTED BY PARTY A: AGREED AND ACCEPTED BY PARTY B:


FOR AND ON BEHALF OF THE SENDER FOR AND ON BEHALF OF THE RECEIVER

Signature & Stamp: Signature & Stamp:

Signatory Name: : Miss SULIHANA BINTI


Signatory Name: MR. GAO YUAN SALLEH

Tittle: CEO Tittle: Director

PASSPORT NUMBER: G26027656 PASSPORT NUMBER: A 53409207

EXPIRATION DATE: 26.11.2027 EXPIRATION DATE: 08 AUG 2024

ISSUED BY COUNTRY: CHINA ISSUED BY COUNTRY: MALAYSIA

DATE: 13th November 2021 DATE: 13th November 2021

SENDER Page 9 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

PASSPORT COPY OF THE PARTY-A

SENDER Page 10 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

CERTIFICATE OF INCORPORATION OF THE PARTY A

SENDER Page 11 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB
CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/
HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

PASSPORT COPY OF THE PARTY-B


PARTY

SENDER Page 12 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

CERTIFICATE OF INCORPORATION OF THE PARTY B

SENDER Page 13 of 14 RECEIVER


AGREEMENT NO: IBAA-HANZ/DB-CIMB LABUAN/1T/FTP-MD/13112021
TRANSACTION CODE N°: IBAA-HANZ/1T/MD/13112021
DATE: 13th NOVEMBER 2021

EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)


EDT (ELECTRONIC DOCUMENT TRANSMISSIONS) SHALL BE DEEMED VALID AND
ENFORCE-ABLE IN RESPECT OF ANY PROVISIONS OF THIS CONTRACT, AND AS
APPLICABLE, THIS AGREEMENT SHALL INCORPORATE:
U.S. PUBLIC LAW 106-229, ELECTRONIC SIGNATURES IN GLOBAL AND 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 BUSI-NESS (UN/CEFACT); AND
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 HOW-EVER,
THAT ANY SUCH REQUEST SHALL IN NO MANNER DELAY THE PARTIES FROM PERFORMING
THEIR RESPECTIVE OBLIGATIONS AND DUTIES UNDER EDT INSTRUMENT

************** END OF CONTRACT **********

SENDER Page 14 of 14 RECEIVER

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