Sunday, October 20, 2019
Tuesday, May 28, 2019
Escrow
An escrow is a
contractual arrangement in which a third party receives and disburses money
or documents for the primary transacting parties, with the disbursement
dependent on conditions agreed to by the transacting parties, or an account
established by a broker for holding funds on behalf of the broker's principal or
some other person until the consummation or termination of a transaction; or,
a trust account held in the borrower's name to pay obligations such as property
taxes and insurance premiums. The word derives from the Old French word escroue,
meaning a scrap of paper or a scroll of parchment; this indicated the deed that
a third party held until a transaction was completed.
Escrow generally refers to money
held by a third-party on behalf of transacting parties. It is mostly used
regarding the purchase of shares of a company. It is best known in the United
States in the context of real estate (specifically in mortgages where
the mortgage company establishes an escrow account to pay property tax and insurance during
the term of the mortgage). Escrow is an account separate from the mortgage
account where deposit of funds occurs for payment of certain conditions that
apply to the mortgage, usually property taxes and insurance. The escrow agent
has the duty to properly account for the escrow funds and ensure that usage of
funds is explicitly for the purpose intended. Since a mortgage lender is not
willing to take the risk that a homeowner will not pay property tax, escrow is
usually required under the mortgage terms. Escrow companies are also commonly
used in the transfer of high value personal and business property, like websites and
businesses, and in the completion of person-to-person remote auctions (such
as eBay), although the advent of new low cost online escrow services has
meant that even low cost transactions are now starting to benefit from use of
escrow. In the UK, escrow accounts are often used during private property
transactions to hold solicitors' clients' money, such as the deposit, until
such time as the transaction completes. Other examples include purchases
of a second hand car, where the money may be released at the end of a warranty
period, deposits for a property rental, where the money is released after the
tenant moves out, provision of construction services, where the money may be
released when the building work is complete to a defined standard, or when
defined parts of the work are complete, perishable food products, sold on live
seafood auctions (such as Gfresh).
Monday, May 27, 2019
ASYCUDA = Automated SYstem for CUstoms DAta
ASYCUDA = Automated SYstem for CUstoms
DAta
ASYCUDAWorld is the latest result of a process that began when UNCTAD
identified the first signs of the commercial potential of the World Wide Web.
UNCTAD’s Trade Efficiency Summit (Columbus, Ohio, 1994) looked at how to reduce
transaction costs by applying information technologies to every link of the
trade transaction chain. At the time, the potential annual cost savings were
estimated at up to $100 billion.
The $100 billion target remains
elusive, but an initiative launched by the G-7 was based on the belief that it
was nonetheless achievable, as long as customs data requirements can be
harmonized and simplified. That objective is now being pursued by the
Brussels-based World Customs Organization, which is developing a global,
harmonized standard data set that uses uniform electronic messages. The WCO
Customs Data Model, as it is called, is likely to have a major impact on the
processing of business-to-business, business-to-government and
government-to-government transactions.
These developments, combined with
the fact that 85 countries around the world are already using the same customs
IT system, ASYCUDA, represent a formidable opportunity for using the Internet
to make international trade simpler and cheaper whilst also making
international markets more accessible to enterprises from developing countries.
ASYCUDAWorld builds upon
the successful experiences of ASYCUDA++, which was designed to function in
difficult telecommunications environments, but also to operate through GSM
networks that are already widespread in developing countries. Being web-based,
the ASYCUDAWorld system will allow Customs Administrations and traders to
handle most of their transactions – from Customs Declarations to Cargo
Manifests and Transit documents – via Internet.
What is PSI?
Pre-Shipment Inspection or PSI, is a part of supply chain management and an important and reliable quality control method for checking goods' quality while clients buy from the suppliers.
What is HS Code?
The Harmonized
Commodity Description and Coding System
generally referred to as “Harmonized System” or
simply “HS” is a multipurpose international product
nomenclature (নামকরণ-পদ্ধতি) developed by the World
Customs Organization (WCO).
Flyleaf
(a
blank page at the beginning or end of a book.)
Currency Notes are to be packed denomination-wise separately with 100 pieces in each
packet and those packets shall be stitched / banded as per specification of
Bangladesh Bank. A cash slip (fly leaf) bending at left side of each packet is
to be pasted and signed by the official who has counted / verified the notes in
the packet. Branch’s rubber stamp (round seal) is to be affixed on both sides
of each packet covering part of Cash Slip (fly leaf) and a part of the currency
notes.
SWIFT (Society for Worldwide Interbank Financial Telecommunication)
...provides a network that enables financial institutions worldwide to send and receive information about
financial transactions in a secure, standardized and reliable environment.
SWIFT also sells software and
services to financial institutions, much of it for use on the SWIFTNet Network,
and ISO 9362. Business Identifier Codes (BICs, previously Bank Identifier Codes) are
popularly known as "SWIFT codes".
The majority of international interbank messages use the SWIFT network.
As of 2015, SWIFT linked more than 11,000 financial institutions in more than
200 countries and territories, who were exchanging an average of over 15
million messages per day (compared to an average of 2.4 million daily messages
in 1995). SWIFT transports financial messages in a highly secure way but does not
hold accounts for its members and does not perform any form of clearing or settlement.
SWIFT does not facilitate funds transfer: rather, it sends payment orders, which must be settled by correspondent accounts that the institutions have with each other. Each
financial institution, to exchange banking transactions, must have a banking
relationship by either being a bank or affiliating itself with one (or more) so
as to enjoy those particular business features.
SWIFT is a cooperative society under Belgian law owned by its member financial institutions with
offices around the world. SWIFT headquarters, designed by Ricardo Bofill Taller de Arquitectura are in La Hulpe, Belgium, near Brussels.
IBAN (International Bank Account Number)
...is an internationally agreed system of identifying bank accounts across
national borders to facilitate the communication and processing of cross border
transactions with a reduced risk of transcription errors. It was originally
adopted by the European Committee
for Banking Standards (ECBS), and later as an international standard
under ISO 13616:1997. The current standard is ISO 13616:2007, which indicates SWIFT as the
formal registrar. Initially developed to facilitate payments within the European Union, it has been implemented by most European countries and numerous
countries in the other parts of the world, mainly in the Middle East and in
the Caribbean. As of February 2016, 69 countries were using the IBAN numbering
system.
The IBAN consists of up to 34 alphanumeric characters
comprising: a country code; two check digits; and a number that includes the domestic bank account
number, branch identifier, and potential routing information. The check digits
enable a check of the bank account number to confirm its integrity before
submitting a transaction.
CHIPS (Clearing House Interbank Payments System)
...is a United States private clearing house for
large-value transactions. By 2015 it was settling well over US$1.5 trillion a
day in around 250,000 interbank payments in cross border and domestic
transactions. Together with the Fedwire Funds Service (which is operated by
the Federal Reserve Banks), CHIPS forms the
primary U.S. network for large-value domestic and international USD payments
where it has a market share of around 96%. CHIPS transfers are governed by
Article 4A of Uniform Commercial Code.
Unlike the Fedwire system which is part of a
regulatory body, CHIPS is owned by the financial institutions that use it. For payments that are less time-sensitive
in nature, banks typically prefer to use CHIPS instead of Fedwire, as CHIPS is
less expensive (both by charges and by funds required). One of the reasons is
that Fedwire is a real-time gross settlement system, while CHIPS allows payments to be netted.
The Foreign Account Tax Compliance Act (FATCA)
FATCA promotes cross-border tax compliance by implementing an international standard for the automatic exchange of information related to US taxpayers. FATCA regulations require tax authorities to obtain detailed account information for US taxpayers on an annual basis.
FATCA is intended to increase transparency for the Internal Revenue Service (IRS) with respect to US persons who may be investing and earning income through non-US institutions. While the primary goal is to gain information about US persons, FATCA imposes tax withholding where the applicable documentation and reporting requirements are not met.
Financial Action Task Force (on Money Laundering) (FATF)
The Financial Action
Task Force (on Money Laundering) (FATF),
also known by its French name, Groupe
d'action financière (GAFI),
is an intergovernmental
organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
In 2001 its mandate expanded to include terrorism
financing. It monitors progress in implementing the FATF Recommendations through
"peer reviews" ("mutual evaluations") of member countries.
The FATF Secretariat is housed at the OECD headquarters in Paris.
The Wolfsberg Group
The Wolfsberg Group is an association of thirteen
global banks which aims to develop frameworks and guidance for the management
of financial crime risks, particularly with respect to Know Your Customer,
Anti-Money Laundering and Counter Terrorist Financing policies.
The Group came together in 2000, at the Château
Wolfsberg in north-eastern Switzerland, in the company of representatives from
Transparency International, including Stanley Morris, and Professor Mark Pieth
of the University of Basel, to work on drafting anti-money laundering
guidelines for Private Banking. The Wolfsberg Anti-Money Laundering (AML)
Principles for Private Banking were subsequently published in October 2000,
revised in May 2002 and again most recently in June 2012.
Enhanced Due Diligence (KYC)
KYC Enhanced Due Diligence, or simply EDD, is specifically designed for dealing with high-risk or high-net worth customers and large transactions. Because these customers and transactions pose greater risks to the financial sector, they are heavily regulated and monitored in order to ensure that everything is above board. Companies and financial institutions were first compelled to conduct EDD by the USA PATRIOT Act in 2001, a provision which is still in effect today.
The Patriot Act also requires that offshore banking institutions, private banking organisations, and correspondent accounts abide by EDD regulations and laws. There are several characteristics that distinguish regular KYC policies from EDD policies. EDD policies are considered to be “rigorous and robust”, meaning that they require significantly more evidence and detailed information to be collected. The entire process of EDD must be documented in detail, and regulators should be able to have immediate access to the data. Professionals are often hired in order to analyse data that is collected regarding clients, and the reliability of information sources is of utmost importance.
Due Diligence
Due diligence is an investigation of a business or person prior
to signing a contract, or an act with a certain standard of
care.
It can be a legal obligation, but the term will more
commonly apply to voluntary investigations. A common example of due diligence
in various industries is the process through which a potential acquirer
evaluates a target company or its assets for an acquisition. The theory behind due diligence holds that performing
this type of investigation contributes significantly to informed decision
making by enhancing the amount and quality of information available to decision
makers and by ensuring that this information is systematically used to
deliberate in a reflexive manner on the decision at hand and all its costs,
benefits, and risks.
What is EDD?
CDD is the process through which you develop an understanding
of your customers and the ML/TF risks they pose to your business.
In some
higher ML/TF risk circumstances an increased level of CDD is required. This is
known as enhanced CDD or “EDD”. As part of standard CDD you must obtain
sufficient information to determine whether you require EDD on your customer.
Front organization
A front
organization is any entity
set up by and controlled by another organization, such as intelligence agencies, organized crime groups, banned organizations, religious or political
groups, advocacy groups, or corporations. Front organizations can act for the parent group without
the actions being attributed to the parent group thereby allowing them to hide
from public view.
Front organizations that appear to be
independent voluntary associations or charitable organizations are called front
groups. In the business world, front organizations such as front companies or shell corporations are used to shield the parent company from legal liability. In international relations, a puppet state is a state which acts as a front (or surrogate) for another
state.
Concentration account
A concentration account is a sole account used for the
internal purposes of a financial
institution to facilitate the
processing and settlement of multiple or individual customer transactions within the institution, usually on the same day.
Such accounts can lead to the concealment by financial institutions of transactions made by customers. However section 325 of Title III of the USA PATRIOT Act banned their use for such purposes by prohibiting financial institutions from allowing clients to direct transactions that move their funds into, out of, or through the concentration accounts of the financial institution; and prohibit the financial institutions from informing clients about the existence of such accounts and disallows any disclosure that may allow a customer a way of identifying such accounts that the financial institution may use. Section 325 also requires that financial institutions document and follow methods of identifying where the funds are for each customer in a concentration account that comingles funds belonging to one or more customers.
Such accounts can lead to the concealment by financial institutions of transactions made by customers. However section 325 of Title III of the USA PATRIOT Act banned their use for such purposes by prohibiting financial institutions from allowing clients to direct transactions that move their funds into, out of, or through the concentration accounts of the financial institution; and prohibit the financial institutions from informing clients about the existence of such accounts and disallows any disclosure that may allow a customer a way of identifying such accounts that the financial institution may use. Section 325 also requires that financial institutions document and follow methods of identifying where the funds are for each customer in a concentration account that comingles funds belonging to one or more customers.
Wash trade
A wash
trade is a form of market manipulation in which an investor simultaneously sells and buys the same financial instruments to create misleading, artificial activity in the marketplace.[1] First, an investor will place a sell order, then place a
buy order to buy from himself, or vice versa. This may be done for a number of
reasons:
- To artificially increase trading volume, giving the impression that the instrument is more in demand than it actually is.
- To generate commission fees to brokers in order to compensate them for something that cannot be openly paid for. This was done by some of the participants in the Libor scandal.
Wash trading has been illegal in the United States since the passage of the Commodity Exchange Act (CEA), of 1936.
Smurf (money launderer)
A smurf is a colloquial term for a money
launderer, or one who seeks to evade scrutiny from government agencies by
breaking up a transaction involving a large amount of money into smaller
transactions below the reporting threshold.
Shell Company
A shell company is considered to be an
incorporated company with no independent operations, significant assets,
ongoing business activities, or employees. Shell companies tend to be conduits
or holding companies.
Phantom shipping
No goods are actually shipped. The fraudulent documentation generated is to justify payment abroad.
Hawala or hewala (Arabic,meaning transfer or sometimes trust)
also
known as havaleh in Persian, or hundi or—in Somali, xawala or xawilaad—is
a popular and informal value transfer system based
not on the movement of cash, or on telegraph or computer network wire transfers
between banks, but instead on the performance and honour of a huge network of
money brokers (known as "hawaladars"). While hawaladars are spread
throughout the world, they are primarily located in the Middle East, North Africa,
the Horn of Africa, and the Indian subcontinent, operating outside of, or
parallel to, traditional banking, financial channels, and remittance systems.
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