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TERMS AND CONDITIONS FOR OVERSEAS
(FOREIGN) REMITTANCE


Article 1 Scope of Application

Branches (Shiten and Syucchosyo) of Metropolitan Bank & Trust Company in Japan (hereinafter referred to as “Metrobank-Japan”) will process overseas remittance transactions subject to Terms and Conditions for Overseas (Foreign) Remittance (hereinafter referred to as the “Terms and Conditions for Overseas Remittance”).

Article 2   Definition of Terms

  1. Overseas z Remittance Transactions – shall mean either of the transactions set forth below:
    • A certain amount of funds credited to a deposit account of the beneficiary maintained with Metrobank Head Office or branches in the Philippines (hereinafter “Metrobank”), paid to the beneficiary by cash at the counter of Metrobank, or paid to the beneficiary by cash at Payout Outlets, as designated by the remitter; or
    • Payment Instruction (as defined below) to Receiving Bank (as defined below and inclusive of Metrobank) instructing them to pay a certain amount of funds to the deposit account of the beneficiary maintained with financial institutions in foreign state including the Philippines, as designated by the remitter.
  1. Payment Instruction – an instruction for Receiving Bank (inclusive of Metrobank) to make payment of a certain amount of funds available to the beneficiary.
  2. Paying Bank – a financial institution (Payout Outlets inclusive) that credits the remitted funds to the beneficiary’s account or pays the same to the beneficiary.
  3. Receiving Bank – either Metrobank in the Philippines, or other financial institution who handles ;
    • intermediation of Payment Instruction, or
    • settlement of the remitted funds among financial institutions

Article 3   Pre-Registration of Overseas (Foreign) Remittance

  1. When requesting overseas remittance transactions, the remitter, whether individual or juridical person, shall:
    • submit to Metrobank-Japan the prescribed form (“Overseas Remittance Application Registration and Declaration”, hereinafter the “Application Form”), declaring the necessary information regarding the remitter and the individual or juridical person designated as the beneficiary ,
    • submit a valid identification document and other documents prescribed by Metrobank-Japan, and
    • complete the registration procedure for an overseas (foreign) remittance as required by Metrobank-Japan.

Upon completion of prescribed registration procedure, the remitter shall be registered.

  1. When any change occurs regarding the contents of the Application Form, the remitter, in order to change the registered information, shall promptly submit to Metrobank-Japan the documents prescribed by Metrobank-Japan and any applicable official document evidencing such changes.
  2. Metrobank-Japan shall not accept any request for overseas remittance transactions if the registration or procedures for change of registered information, as prescribed in the preceding two Paragraphs, has not been completed.

Article 4   Requests for Overseas (Foreign) Remittance

  1. Metrobank-Japan shall handle a request for overseas (foreign) remittance in accordance with the following:
    • Request for overseas (foreign) remittance shall be accepted at the counter of Metrobank-Japan only during its banking hours. The remitter shall properly fill out application for overseas (foreign) remittance and affix the signature or seal identical to the signature or seal used for Application Form.
    • Metrobank-Japan shall accept request for overseas (foreign) remittance through telephone only during its banking hours. The remitter shall be required to provide the PIN, name, beneficiary’s name, remittance amount and purpose, etc.
    • Specified transfer card for Quick Padala or EPRC shall be properly used and specified account number shall be properly used for METS. Overseas (foreign) remittance shall be processed in accordance with terms & conditions separately established for respective services.
  1. When its accepting request for overseas (foreign) remittance, Metrobank-Japan shall ensure compliance with Act for Prevention of Transfer of Criminal Proceeds and Foreign Exchange and Foreign Trade Act and, therefore, the remitter is, obliged to comply with the following requirements:
    • In addition to information of the remitter and the beneficiary, declare the purpose of remittance and occupation (for individual), purpose of remittance, nature of business and ultimate beneficial owner (for juridical person) respectively.
    • Submit identification documents for declaration of the remitter’s information. Submit Residence Card as identification document in case of foreign nationals.
    • For any transactions requiring permission from the relevant governmental authority, submit copy of the permit to the Metrobank-Japan.
    • As a principle, overseas (foreign) remittances exceeding 300,000 yen involve specific additional requirements and the remitter shall comply with prescribed procedures of Metrobank-Japan. There may be a case where supporting documents are requested to be submitted for verifying the source of the remitted funds and the purpose of remittance as for remittances exceeding 1,000,000 yen.
    • In addition to the preceding Paragraphs, comply with any other requirements as prescribed by Metrobank-Japan.
  1. The remitter shall pay the amount of the remitted funds, charges (including other banks’ fees) and other expenses that may be incurred (hereinafter “funds for remittance”). Metrobank-Japan shall not accept any securities such as checks as payment method of the funds for remittance.

Article 5   Overseas (Foreign) Remittance Entrustment Contract and its Cancelation

  1. Overseas (Foreign) Remittance Entrustment Contract (hereinafter the “Contract “) shall be deemed to have been in force when Metrobank-Japan have accepted request for overseas (foreign) remittance and received the funds for remittances.
  2. In compliance with the above mentioned Contract, Metrobank-Japan shall provide the remitter with a “Statement of the Overseas Remittance” (the “Statement”) after having implemented requested overseas (foreign) remittance.
  3. Even after the Contract was in force, Metrobank-Japan is allowed to cancel the Contract should any of the following conditions occur prior to its implementing requested overseas (foreign) remittance and shall not be responsible for any losses or damages caused by such cancelation :
    • Overseas (foreign) remittance is in violation of Law and Regulations of Japan or concerned country concerning foreign exchange such as being subject to an emergency suspension of transactions, etc.;
    • War, insurrection or freezing of assets or suspension of payments of Paying Bank (Payout Outlets inclusive) or Receiving Bank occurs or threatens to occur;
    • Other reasonable grounds such as the possibility of overseas (foreign) remittance being linked with crime or illegal activities;
    • The remitter fails to inform Metrobank-Japan of the required details of remittance even though the amount to be remitted exceeds 300,000 yen; or
    • In addition to the cases described above, other reasonable grounds that Metrobank-Japan may consider to warrant cancelation of the Contract.
  1. When any of the following conditions occurs and implementing requested overseas (foreign) remittance is considered to be inappropriate, Metrobank-Japan shall refuse the request for remittance or, upon giving notice to the remitter, cancel the Contract. The Contract is deemed to have been canceled when the notice of cancelation was sent to the registered name and address of the remitter regardless of whether such notice was actually received by the remitter.
    • When it was known that the remitter is a member or a previous member or has any relation to any of the following:
  1. Organized crime group (Boryokudan);
  2. Member of any organized crime group;
  3. Quasi-member of any organized crime group;
  4. Company related to any organized crime group;
  5. Corporate extortionist (Soukaiya), disreputable organization posing as a social movement (Syakai undo hyobou goro) or a group engaging in fraudulent, unfair or deceptive practices (Tokusyu chino boryoku syudan to); or
  6. Any other person related to these parties or any equivalent to any of these parties.
    1. When the remitter committed or used any third party to commit any of the following acts:
      1. Violent demand;
      2. Undue demand beyond the legal responsibilities of the person to whom the demand was given;
      3. Threatening behavior or use of violent force regarding transactions;
      4. Damaging Metrobank-Japan’s credit standing or obstructing its business by spreading false rumors or by use of fraudulent means or force; or
      5. Any other act equivalent to any of the preceding items.
  1. In case of Cancelation pursuant to the preceding two Paragraphs, Metrobank-Japan shall return to the remitter the funds for The remitter shall acknowledge receipt of funds on Metrobank-Japan’s prescribed documents. There may be a case identification document of the remitter is requested or guarantor if necessary and appropriate.
  2. Upon receipt of funds by the remitter and with the proper verification that the signature or seal on the receipt is identical to the signature or seal used for Application Form; Metrobank-Japan shall not be responsible for any losses or damages caused thereby.
  3. When Metrobank-Japan cancel the Contract pursuant to Paragraph 3 or 4 above, Metrobank-Japan shall not be responsible for any losses, damages or costs and expenses incurred by the remitter or any other party resulting from cancelation.

Article 6   Processing of Overseas (Foreign) Remittance

  1. When the Contract is in force, unless canceled pursuant to Article 5, Paragraph 3 or 4, Metrobank-Japan shall process a remittance without delay in accordance with the request for overseas (foreign) remittance defined in Article 4 (1).
  2. The transmission method for sending a Payment Instruction shall be determined at the sole discretion of Metrobank- Japan. Likewise, Metrobank-Japan shall also determine who shall be Receiving Bank, unless specifically designated by the remitter.
  3. In the following circumstances, Metrobank-Japan may select Receiving Bank as it deems appropriate in lieu of those designated by the remitter, and shall promptly inform the remitter of such selection(s):
    • Metrobank-Japan deems it impractical to follow the designation by the remitter; or
    • Excessive costs for the remitter or delays in remittance if transmitted through the designated bank of the remitter and Metrobank-Japan deems that there is other appropriate Receiving Bank.
  1. Metrobank-Japan shall not be responsible for any losses or damages caused by its selection pursuant to the preceding two P

Article 7   Undelivered Overseas (Foreign) Remittances

  1. When the remitted funds could not be credited to the beneficiary’s account due to discrepancy in instructions received by Metrobank-Japan or non-claim of remitted funds from the beneficiary or due to any other reason, Metrobank-Japan shall credit back the funds for remittance to the remitter’s account with Metrobank-Japan.
  2. In case the remitter does not have an deposit account with Metrobank-Japan, Metrobank-Japan refunds the funds for remittance after having received prescribed document from the remitter.
  3. In the events described in the preceding two Paragraphs, Metrobank-Japan shall not be responsible for any losses, damages or costs and expenses incurred by the remitter.

Article 8   Charges and Expenses

  1. At requesting for overseas (foreign) remittance, the remitter shall pay the prescribed charges, including other banks’ fees and other expenses that maybe incurred. Additional fees and charges, if any, may be required to be paid by the remitter at a later date.
  2. When Metrobank-Japan receives a request for an inquiry, amendment or cancellation by the remitter, the remitter shall pay certain charges and expenses, as prescribed by Metrobank-Japan and the Receiving Bank, as set out below:
    • inquiry charges;
    • amendment charges;
    • charges for cancellation initiated by the remitter,
    • communication charges and postage; and
    • any other charges and expenses related to the inquiry, amendment or cancellation initiated by the remitter.

Article 9   Exchange Rates

  1. The foreign exchange rate applied for overseas (foreign) remittance is the one officially quoted by Metrobank-Japan at implementing requested overseas (foreign) remittance in case the funds for remittance received is in a currency other than the currency to be remitted.
  2. When refunding to the remitter the funds for remittance as provided for in Article 5, Paragraph 5; Article 11, Paragraph 3; Article 13, Paragraph 1, Item (3), the foreign exchange rate applied is the one officially quoted by Metrobank-Japan on the date of refund in case the funds for remittance received by Metrobank-Japan is in a currency other than the remitted currency. Any fees and charges as prescribed by Paying Bank, Receiving Bank and/or Metrobank-Japan shall be borne by the r

Article 10 Currency of Payment to the Beneficiary

In case the currency designated by the remitter for overseas (foreign) remittance falls under the following cases, the currency for payment to the beneficiary may be different from the designated one. The currency for payment, foreign exchange, charges, and other relevant items shall be subject to laws, regulations, customs and practices of the relevant countries, as well as certain procedures prescribed by Paying Bank (Payout Outlets inclusive) or Receiving Bank :

  1. the currency which differs from the currency of the country where Paying Bank (Payout Outlets inclusive) is located; or
  2. the currency which differs from the currency of the account of the beneficiary.

Article 11   Inquiries concerning Transaction Details

  1. When the remitter has any concerns about the remittance transaction such as non-payment to the beneficiary, the remitter shall promptly make an inquiry with the processing branch of Metrobank-Japan. Metrobank-Japan shall then conduct an investigation promptly and report the results to the remitter. There may be a case an application for inquiry is requested to be submitted by the remitter.
  2. In case of inquiries by Paying Bank (Payout Outlets inclusive) or Receiving Bank with respect to Payment Instruction, Metrobank-Japan may inquire from the remitter the details of the requested overseas remittance transactions. If the response is not received within a reasonable period of time or inappropriate response was received, Metrobank-Japan shall not be responsible for any losses or damages caused thereby.
  3. In the event that it becomes apparent that Payment Instruction could not be implemented due to reasons such as a refusal to execute by Paying Bank (Payout Outlets inclusive) or Receiving Bank, Metrobank-Japan shall promptly inform the remitter. If Metrobank-Japan receives any refund from Paying Bank or Receiving Bank, it shall immediately reimburse such amount to the remitter. The remitter in turn shall take necessary procedures for cancelation set out in Article 13.

Article 12   Amendments to Requests

  1. In case of the remitter’s requesting for amendments to the original remittance after the Contact is in force , such amendment shall be processed in accordance with the following procedures:
    • When requesting an amendment, the remitter shall submit an application for amendment (the “Application for Amendment”) affixed with the signature or seal identical to the signature or seal used for Application Form, the remitter may be required to provide a valid identification document or other documents as prescribed by Metrobank-Japan, and
    • Upon receipt of request for an amendment, Metrobank-Japan shall carry out necessary procedures without delay, such as issuing amendment instructions in accordance with the details of the Application for Amendment by selecting the transmission method which Metrobank-Japan deems appropriate; however, any amendment to the amount of remittance shall be handled as stated in the cancellation procedures set out in Article 13.
  1. In handling the Application for Amendment pursuant to the preceding Paragraph, the provision of Article 5, Paragraph 6 shall apply, mutatis mutandis. Metrobank-Japan shall not be responsible for any losses or damages caused by carrying out the necessary procedures as set out in Item (2) of the preceding Paragraph.
  2. Amendments provided for in this Article may not be completed due to reasons such as refusal by Paying Bank (Payout Outlets inclusive) or Receiving Bank, restrictions imposed by Laws and Regulations, and certain actions taken by governments, courts or other public authorities. In such cases, Metrobank-Japan shall not be liable for any loss, damage or delay as a result of its inability to complete the said a

Article 13   Cancellation Initiated by the Remitter

  1. In the event the remitter cancels a request for the original remittance after the Contract is in force , such request for cancellation shall be processed in accordance with the following procedures:
    • The remitter shall submit an application for cancellation (the “Application for Cancellation”), as prescribed by Metrobank-Japan, affixed with the signature or seal identical to the signature or seal used for Application Form. The remitter, upon request of Metrobank-Japan, shall (a) submit identification document There may be a case a guarantor is requested by Metrobank-Japan. In case of juridical person, the authorized representative registered may request such cancellation on behalf of the juridical person. In this case, the authorized representative shall submit Application for Cancellation, as prescribed by Metrobank-Japan, affixed with the seal used for Application Form and shall submit identification document of the authorized representative.
    • Upon acceptance of the request for cancellation in accordance with the preceding Item, Metrobank-Japan shall carry out the necessary procedures without delay, such as: issuing cancellation instructions in accordance with the contents of the Application for Cancellation,
    • When Metrobank-Japan received a refund relating to the canceled remittance from Paying Bank or Receiving Bank, in order for Metrobank-Japan to immediately return such amount to the remitter, the remitter shall submit a receipt or other documents (with the signature or seal identical to the signature or seal used for Application Form ); as prescribed by Metrobank-Japan. Furthermore, upon the request of Metrobank-Japan, the remitter shall submit identification document. There may be case guarantor is requested, if necessary and appropriate.
  2. With respect to the handling of the Application for Cancellation submitted for the cancellation of the original remittance, and the receipt or other documents required when the refund is returned pursuant to the preceding Paragraph, the provision of Article 5, Paragraph 6 shall apply, mutatis mutandis. Metrobank-Japan shall not be responsible for any losses or damages caused by carrying out the necessary procedures as set out in Item (2) of the preceding P
  3. Request for cancellation provided in this Article may not be completed due to reasons such as refusal by Paying Bank (Payout Outlets inclusive) or Receiving Bank, restrictions imposed by Laws and Regulations, and certain actions taken by governments, courts or other public authorities. In such cases, Metrobank-Japan shall not be liable for any loss, damage or delay as a result of its inability to complete the said cancellation; any fees or charges arising from this cancellation shall be borne by the remitter.

Article 14   Contact for Notices and Inquiries

  1. In case Metrobank-Japan gives notice or makes an inquiry with regards to the overseas remittance transactions, the address and telephone number stated in the Application Form shall be used.
  2. If communication pursuant to the preceding Paragraph cannot be made due to incorrect information of the stated address or telephone number, an interruption of telephone service or other reasons, Metrobank-Japan shall not be responsible for any losses or damages caused thereby.

Article 15   Indemnity

Metrobank-Japan shall not be responsible for any losses or damages arising out of any of the following:

  1. Unavoidable events such as calamities, incidents, wars, accidents during transit, restrictions by Laws and Regulations, and certain actions taken by governments, courts or other public authorities;
  2. Any failure or malfunction of terminals, communication circuits, computers or other equipment; or any error or omission in the text resulting from such, which occurred despite reasonable security measures taken by Metrobank-Japan;
  3. (a) The customs and practices of the country in which Paying Bank (Payout Outlets inclusive) or Receiving Bank is located, (b) Certain procedures prescribed by Paying Bank (Payout Outlets inclusive) or Receiving Bank; or (c) Any other reason attributable to Paying Bank (Payout Outlets inclusive) or Receiving Bank other than Metrobank;
  4. Any reason attributable to the remitter, such as an incorrect beneficiary information;
  5. Messages from the remitter to the beneficiary;
  6. The relationship between the remitter and the beneficiary or a third party, on which the remittance is based; and
  7. Any other reason not attributable to Metrobank-Japan.

Article 16   Prohibition of Transfer or Pledge

The remitter shall obtain written approval from Metrobank-Japan prior to transfer or pledge, or allow a third party to use or exercise the remitter’s rights in any manner, under any agreement with Metrobank-Japan.

Article 17   Handling of Customer Information

Metrobank-Japan may provide personal information collected from the remitter or information concerning transactions (hereinafter “Customer Information”) to the Head Office or branches of Metrobank, or business entrustees provided & limited to operations for preservation of such information or in the performance of its business relating to overseas remittance transaction. It may disclose Customer Information if required by Laws and Regulations, judicial proceedings and other legal proceedings, or requested by government agencies. In addition to this Article, the handling of Customer Information shall be subject to the rules separately prescribed by Metrobank-Japan (Privacy Policy and Handling of Personal Information).

Article 18   Application of Agreement for Yen Savings Account

In case the remitter requested the funds for remittance to be debited from a deposit account, the transaction shall be handled in accordance with the said agreement.

Article 19   Governing Law and Jurisdiction

  1. Terms and Conditions for Overseas (Foreign) Remittance, other related agreements there under shall be governed by and construed in accordance with the laws of Japan.
  2. Tokyo District Court shall have exclusive jurisdiction over any and all lawsuits brought in connection with the matters arising under or related to Terms and Conditions for Overseas (Foreign)

Article 20   Compliance with Laws and Regulations and Procedures

In case any Laws and Regulations are not in conformity with these Terms and Conditions for Overseas Remittance, the former will prevail. In addition, matters not stipulated in the Terms and Conditions for Overseas Remittance shall be governed by the laws and regulations, customs, and practices in Japan.

Article 21   Amendment to Terms and Conditions for Overseas (Foreign) Remittance

In the event of changes in financial conditions or other circumstances, or any other reasonable grounds, Metrobank-Japan may amend any provision of Terms and Conditions for Overseas (Foreign) Remittance upon giving one month prior notice to the customer by appropriate method of notification, such as, but not limited, to posting of a written notification at its branches or posting on Metrobank-Japan homepage.

Article 22   Requests to Metrobank-Japan

When making a notice or request to Metrobank-Japan concerning overseas remittance, the remitter shall completely and accurately accomplish the form or document as prescribed by Metrobank-Japan and submit such form or document with the registered signature or seal of an authorized person with Metrobank-Japan. If Metrobank-Japan found out that the content of the notice or request received from the remitter is unclear, incomplete or inappropriate, Metrobank-Japan is authorized to decline such notice or request.

Article 23   Official Text

If any discrepancy occurs between the Japanese and the English versions of Terms and Conditions for Overseas (Foreign) Remittance, the Japanese version shall prevail.

31 July 2017 Revised