20200225̲10379601̲021353

06̲4P̲ura

TERMS AND CONDITIONS OF FOREIGN REMIT TANCE TRANSACTIONSArticle 1. Scope of Application
The Terms and Conditions contained herein shall apply to foreignremittance transactions, provided for in any of the following, using
an Application for Remittance :( i ) Overseas remittance transactions ;( ii ) Foreign currency remittance transactions payable to payee accounts held at the head office or branches of [THE NORINCHUKIN
BANK.] (hereinafter referred to as the “Bank”) in Japan or, payableto payee accounts held at other financial institutions in Japan ;( iii ) Remittance transactions in yen between residents and nonresidents, or nonresidents and nonresidents, as defined in the Foreign
Exchange and Foreign Trade Law and its corresponding regulations, payable to payee accounts held at the head office or branches of the Bank in Japan or, payable to payee accounts held at otherfinancial institutions in Japan ; and( iv ) Transactions similar to any of the above.
$UWLFOH'H¿QLWLRQV
Terms used herein shall be defined as follows :( i ) The term “overseas remittance transactions” means the following acts conducted by the Bank under entrustment by the applicant :a.Issuance of payment orders to the Banks Concerned as definedin Subparagraph ( iv ) to entrust crediting certain amounts to payee accounts held at Bank branches located in foreign countries or,at other financial institutions located in foreign countries, as designated by the applicant :b.Issuance of payment orders to the Banks Concerned to entrust payment of certain amounts to payees residing in foreign countries ; orc.Issuance of demand drafts to the applicant, for which the payer
is a branch of the Bank located in a foreign country or, other financial institution located in a foreign country, and the payee is a person designated by the applicant.
( ii ) The term “payment order” means instructions to the Banks
Concerned from the Bank, under the entrustment by the applicant,to make certain amounts available to the payee.
( iii ) The term “Paying Bank” means a financial institution which
credits the funds remitted to the payee account or pays the sameto the payee.
( iv ) The term “Banks Concerned” means the Paying Bank and thehead office or branches of the Bank or other financial institutions
which conduct the following for remittances :a.Intermediation of payment orders ; orb.Settlement between banks of funds to be remitted.
$UWLFOH5HTXHVWVIRU5HPLWWDQFHV( 1 ) Requests for remittances shall be handled as follows :( i ) Requests for remittances shall only be received during business hours for teller service.
( ii ) When requesting a remittance, the applicant is required tosubmit the Application for Remittance as prescribed by the Bank,
correctly stating the information prescribed by the Bank such as
the type of remittance, method of payment name of the branch or
office of the Paying Bank, payee’s name, account number or addressof the payee, amount of remittance, applicant’s name, address andtelephone number of the applicant and bearer of the charges for
the Banks Concerned ; and placing the applicant’s signature or affixing the applicant’s name and seal (Kimei Oin).
( iii ) The Bank shall deem the details stated in the Application for
Remittance provided for in the preceding Subparagraph as the content of the request.
( 2 ) When receiving a request for remittance, the Bank is required
to ascertain certain matters under laws and regulations governing
foreign exchange. The applicant is therefore, required to satisfy thefollowing requirements :( i ) State the purpose for remittance and any other required information in the Application for Remittance ;( ii ) State the designated items in the Declaration Form prescribedby the Bank and submit it, except for cases such as when the funds
for remittance are to be debited from an account of the applicant
identified by official documents stated in laws and regulations governing foreign exchange (hereinafter referred to as the “OfficialDocuments”) ;( iii ) Present the Official Documents to identify the applicant suchas a copy of the applicant’s certificate of residence, except for casessuch as when the funds for remittance are to be debited from an
account of the applicant identified by the Official Documents ; and( iv ) For any transactions requiring permission or such, present
or submit documents proving the said permission or such.
( 3 ) When requesting a remittance, the applicant is required topay to the Bank the funds to be remitted as well as remittancecharges, charges for the Banks Concerned and any other charges
and expenses required in connection with this transaction as prescribed by the Bank (hereinafter referred to collectively as the“Remittance Funds”). The Bank shall not accept the RemittanceFunds in the form of checks or other instruments.
$UWLFOH5HPLWWDQFH(QWUXVWPHQW&RQWUDFWDQG,WV&DQFHOODWLRQ( 1 ) The Remittance Entrustment Contract (hereinafter referredto as the “Contract”) shall be deemed to have been entered into
when the Bank accepts the request for remittance and receives theRemittance Funds.
( 2 ) When the Contract is entered into pursuant to the preceding
Paragraph, the Bank shall provide the applicant with a statementof remittance or other documents relating to the substance of theContract and, in the case of a demand draft, the relevant demand
draft as well. The statement of remittance or other documents shallbe properly stored, as the applicant may be requested by the Bank
to submit these documents at a later date, in events such as cancellation by the Bank or by the applicant.
( 3 ) Even after entering into the Contract pursuant to Paragraph( 1 ) above, the Bank may cancel the Contract should the Bank recognize any of the following before it issues the payment order to the Banks
Concerned or before it issues the demand draft to the applicant :( i ) The remittance is in violation of laws and regulations governing foreign exchange such as it becoming subject to an emergency
suspension of transactions ;( ii ) A war, insurrection or freezing of assets or suspension of payments of the Banks Concerned occurs or threatens to occur ; or
( iii ) Other reasonable grounds such as the possibility of the remittance being linked with crime.
In the case of such, the Bank shall not be responsible, except thosein which caused by the Bank’s fault, for any losses or damages
caused by cancellation.
( 4 ) In the case of cancellation by the Bank pursuant to the preceding Paragraph, the Bank shall return the Remittance Funds tothe applicant. In such event, the applicant shall submit a receipt
or other documents as prescribed by the Bank with the signatureor the name and seal which are identical to those used on theApplication for Remittance, along with the statement of remittanceor other documents as provided for in Paragraph ( 2 ) above.
Furthermore, when the Bank requests such, the applicant shallsubmit documents identifying the applicant to the Bank and/or provide a guarantor to the Bank, as prescribed by the Bank.
( 5 ) When the Bank returns the Remittance Funds after verifying,
with reasonable care, that the signature or seal impression used on
the receipt or other documents matches that which was used on theApplication for Remittance, the Bank shall not be responsible, except
those in which caused by the Bank’s fault, for any losses or damages
caused thereby.

$UWLFOH,VVXDQFHRI3D\PHQW2UGHUV( 1 ) Upon entering into the Contract, unless it is cancelled by theBank pursuant to Article 4, Paragraph ( 3 ), the Bank shall issue apayment order to the Banks Concerned, or issue a demand draft tothe applicant without delay in accordance with the content of therequest.
( 2 ) When the applicant requests a remittance, the Bank willtransmit all or some of the items below to the Banks Concernedin the remittance with the information on our payment orders, incompliance with Japanese and foreign laws, regulations, recommendations, customs, practices, or designated procedures of theBanks Concerned, as well as the requirements of the transmission method to be used for the remittance. This information may
be transmitted to the payee of the remittance by the Banks Concerned.
( i ) Information described on the Application for Remittance.
( ii ) Applicant’s account number, address, transaction number, andany other information which can identify the applicant.
( iii ) Beneficiary’s account number, address, transaction number and any other information which can identify the beneficiary.
( 3 ) The transmission method for issuing a payment order shallbe determined by the Bank as it deems appropriate. In addition,
the same shall apply with respect to selecting Banks Concerned
unless specifically designated by the applicant.
( 4 ) Is the following circumstances, the Bank may select such Banks
Concerned as the Bank deems appropriate in lieu of those designated by the applicant :( i ) The Bank deems it impracticable to observe the designationby the applicant ; or
( ii ) Excessive costs against the applicant or delays in remittanceare expected should the designation of the applicant be observed,
and the Bank deems that there are other adequate Banks Concernedavailable.
In such events, the Bank shall promptly notify the applicant of thisdecision.
( 5 ) The Bank shall not be responsible, except those in which causedby the Bank’s fault, for any losses or damages caused by the handling pursuant to preceding Paragraphs ( 2 ), ( 3 ) and ( 4 ).
$UWLFOH&KDUJHVDQG([SHQVHV( i ) When the Bank receives the request for remittance, the applicant is required to pay the remittance charges, charges for theBanks Concerned and any other charges and expenses required inconnection with this transaction as prescribed by the Bank. Additionalcharges and expenses relating to the Banks Concerned, if any, shallbe paid by the applicant at a later date.
( 2 ) When the Bank receives a request for an inquiry, amendment
or cancellation by the applicant, the applicant is required to pay
certain charges and expenses, as prescribed by the Bank and theBanks Concerned, as set out below :( i ) Inquiry charges ;( ii ) Amendment charges ;( iii ) Charges for cancellation initiated by the applicant ;( iv ) Cable charges and postage ; and( v ) Any other charges and expenses related to the inquiry, amendment or cancellation initiated by the applicant.
In such cases, the charges or expenses indicated in the preceding
Paragraph shall not be returned. Additional charges and expenses
relating to the Banks Concerned, if any, shall be paid by the applicant at a later date.
$UWLFOH([FKDQJH5DWHV( 1 ) When receiving the request for remittance, the Bank shallapply the Bank’s applicable foreign exchange rate at the time when
the actual calculation is made by the Bank when the funds to beremitted are received in a currency other than currency to be remitted, except for cases where a forward foreign exchange contract
is in place.
( 2 ) When repaying the Remittance Funds or refunds provided
for in Article 4, Paragraph ( 4 ) ; Article 9, Paragraph ( 3 ) ; andArticle 11, Paragraph ( 1 ), Subparagraph ( iii ) ; the Bank shallapply the Bank’s applicable foreign exchange rate at the time when
the actual calculation is made by the Bank when such amounts areto be returned to the applicant in a currency other than the remitted currency, except for cases where a forward foreign exchange
contract is in place.
$UWLFOH&XUUHQF\RI3D\PHQWWRWKH3D\HH
In the case the applicant requests a remittance being made in thecurrency provided for in any of the following Subparagraphs, thecurrency of payment to the payee may differ from the currency originally designated by the applicant. In this case, laws, regulations,customs and practices of the relevant countries, as well as certain
procedures prescribed by the Banks Concerned, shall be observedin respect to the currency of payment, foreign exchange rate, chargesand such.
( i ) The currency which differs from the currency of the country
in which the Paying Bank in located.
( ii ) The currency which differs from the currency of the accountof the payee.
$UWLFOH,QTXLULHVFRQFHUQLQJ7UDQVDFWLRQ'HWDLOV( 1 ) When the applicant has any fears concerning the remittancetransaction such as the remitted funds not being paid to the payee
after the request for remittance was made, the applicant shall promptly make an inquiry with the office that accepted the request for remittance (hereinafter referred to as the “Office in Charge”).
The Bank shall then conduct an investigation such as inquiring with
the Banks Concerned and report the results thereof to the applicant.
When the Bank receives inquiries, the applicant shall submit anapplication for inquiry as prescribed by the Bank, upon the requestof the Bank.
( 2 ) In the case the Banks Concerned make any inquiries with respect to the payment order or the demand draft issued by the Bank,
the Bank may inquire with the applicant as to the substance of therequest for remittance. In such event, the applicant is requested torespond promptly. If a response is not made within a reasonable
period of time or an inappropriate response is made, the Bank shallnot be responsible, except those in which caused by the Bank’s fault,
for any losses or damages caused thereby.
( 3 ) In the event that it becomes apparent that remittance is notpossible with respect to the payment order or the demand draft issued by the Bank due to reasons such as refusal of the payment order by the Banks Concerned, the Bank shall promptly notify theapplicant of the same.
Should the Bank receive any refund relating to the remittance fromthe Banks Concerned, the Bank shall immediately repay such amount.
In such event, the applicant shall take certain procedures as prescribed by the Bank, in line with the cancellation procedures provided for in Article 11, mutatis mutandis.
$UWLFOH$PHQGPHQWVWR5HTXHVWV( 1 ) In the case the applicant desires to amend the content of therequest alter the Contract has been entered into, such amendments
shall be processed according to the following procedures at the teller’s counter of the 0ffice in Charge. However, any amendment tothe amount of remittance, Banks Concerned and any contents ofthe demand draft shall be handled as stated in the cancellation procedures provided for in Article 11.
( i ) When requesting an amendment, the applicant is required tosubmit an Application for Amendment as prescribed by the Bank withthe signature or the name and seal which are identical to those usedon the Application for Remittance, along with the statement of remittance or other documents as provided for in Article 4, Paragraph ( 2 ).
In such case, when the Bank requests such, the applicant shall submit documents identifying the applicant to the Bank and/or provide aguarantor to the Bank, as prescribed by the Bank.
( ii ) Upon acceptance of a request for amendment, the Bank shall
implement necessary procedures without delay such as issuing amendment instructions in accordance with the substance of the Application
for Amendment, selecting the Banks Concerned and selecting thetransmission method which the Bank deems appropriate.
( 2 ) With respect to the handling of the Application for Amendment
submitted for the amendment request pursuant to the precedingParagraph, the provision of Article 4, Paragraph ( 5 ) shall apply,
mutatis mutandis. The Bank shall not be responsible, except thosein which caused by the Bank’s fault, for any losses or damages
caused by the handling provided for in Subparagraph ( ii ) of thepreceding Paragraph.
( 3 ) Amendments provided for in this Article may not be completed due to reasons such as refusal by the Banks Concerned, restrictions by laws and regulations, and certain actions taken by the governments, courts or other public authorities. If the applicant thenrequests cancellation, the cancellation procedures provided for inArticle 11 shall be implemented.
$UWLFOH&DQFHOODWLRQ,QLWLDWHGE\WKH$SSOLFDQW( 1 ) In the case the applicant cancels the request for remittanceat its initiation after the Contract has been entered into, such cancellation shall be processed according to the following proceduresat the teller’s counter of the Office in Charge :( i ) When requesting cancellation, the applicant is required tosubmit an Application for Cancellation as prescribed by the Bank
with the signature or the name and seal which are identical to thoseused on the Application for Remittance, along with the statementof remittance or other documents as provided for in Article 4, Paragraph( 2 ). In such case, when the Bank requests such, the applicant shallsubmit documents identifying the applicant to the Bank and/or provide a guarantor to the Bank, as prescribed by the Bank. In addition, when the demand draft has been issued to the applicant, suchdemand draft shall also be submitted.
( ii ) Upon acceptance of a request for cancellation, the Bank shall
implement necessary procedures without delay such as issuing cancellation instructions in accordance with the substance of the Application
for Cancellation, selecting the Banks Concerned and selecting thetransmission method which the Bank deems appropriate.
( iii ) When the Bank receives a refund relating to the remittancefrom the Banks Concerned in line with the cancellation, the Bank
shall immediately return such amount to the applicant. In such
event, the applicant shall submit a receipt or other documents asprescribed by the Bank with the signature or the name and seal
which are identical to those used on the Application for Remittance.
Furthermore, when the Bank requests such, the applicant shallsubmit documents identifying the applicant to the Bank and/or provide a guarantor to the Bank, as prescribed by the Bank.
( 2 ) With respect to the handling of the Application for Cancellation
submitted for the cancellation request, and the receipt or other documents required when the refunds are to be returned, pursuant tothe preceding Paragraph, the provision of Article 4, Paragraph ( 5 )shall apply, mutatis mutandis. The Bank shall not be responsible,
except those in which caused by the Bank’s fault, for any losses ordamages caused by the handling provided for in Subparagraph ( ii )of the preceding Paragraph.
( 3 ) Cancellation provided for in this Article may not be completed due to reasons such as refusal by the Banks Concerned, restrictions by laws and regulations, and certain actions taken by the governments, courts or other public authorities.
$UWLFOH&RQWDFWIRU1RWLFHVDQG,QTXLULHV( 1 ) In the case the Bank gives notice to or makes an inquiry withthe applicant in respect to this transaction, the address and telephone number stated in the Application for Remittance shall be used.
( 2 ) If communication pursuant to the preceding Paragraph cannot be made due to improper entry of the stated address or telephone number, interruption of telephone service or such, the Bank
shall not be responsible, except those in which caused by the Bank’s
fault, for any losses or damages caused thereby.
Article 13. Force Majeure
The Bank shall not be responsible for any losses or damages arising out of any of the following :( i ) An unavoidable event such as calamities, incidents, wars, accidents during transit, restrictions by laws and regulations, andcertain actions taken by the governments, courts or other publicauthorities ;( ii ) Any failure or malfunction of terminals, communication circuits, computers or other equipment ; or any mutilation, error oromission in the text resulting from such, which occurred despite
reasonable security measures taken by the Bank ;( iii ) The handling by the Banks Concerned of the remittance in accordance with the customs and practices of the country in which theBanks Concerned are located or with certain procedures prescribedby the Banks Concerned ; or any reason attributable to the Banks
Concerned other than the head office or branches of the Bank ;( iv ) Any reason attributable to the applicant such as the incorrect
description of the name of the payee ;( v ) Messages from the applicant to the payee ;( vi ) The relationship between the applicant and the payee or athird party, on which the remittance is based ; and( vii ) The event before the receipt of the notification utilized theregulations on guardianship of adults.
( viii ) Any reason other than those attributable to the Bank.
$UWLFOH3URKLELWLRQRI7UDQVIHURU3OHGJH
The applicant shall not be allowed to transfer or pledge rights under the transactions made herein.
$UWLFOH$SSOLFDWLRQRI'HSRVLW7HUPVDQG&RQGLWLRQVIn the case the applicant requests a remittance by debiting theRemittance Funds from an account, the account shall be debited inaccordance with the relevant deposit terms and conditions.
$UWLFOH&RPSOLDQFHZLWK/DZVDQG5HJXODWLRQV
Matters not stipulated herein shall be governed by laws, regulations, customs and practices of Japan and other relevant countries
and the procedures prescribed by the Banks Concerned.
$UWLFOH$PHQGPHQWVWRWKH7HUPVDQG&RQGLWLRQV( 1 ) The Terms and Conditions may be amended under laws andregulations if the amendment is considered necessary in the interests of customers or there are other reasonable causes, the amendment does not defeat the customers’ purpose of the contract, and it
is reasonable in light of the need for the revision, the adequacy ofthe revised rules, and other circumstances related to the revision.
( 2 ) The Terms and Conditions after the amendment described in
the preceding paragraph shall be published on our website or other appropriate methods.
The amended rules shall come into effect on the reasonable date thatwill be specified when the amended Terms and Conditions are published.
(As of April 1, 2020)(This English translation is for the convenience of the applicant only.
Any and all questions which may arise in regard to the meaning of
the words, provisions and stipulations of these Terms and Conditions
shall be interpreted in accordance with the official Japanese text.)