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#2284796 - 05/21/23 05:56 PM Remittance
Love Cruising Offline
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Foreign national with account in US living abroad and bank records confirm living abroad)If they request a remittance transfer to Argentina and as sender (not living in US) cover as sender under Reg E(B) and has to be be provided with receipts?

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#2284798 - 05/21/23 08:23 PM Re: Remittance Love Cruising
rlcarey Online
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rlcarey
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1005.3(a) General

3. Foreign applicability. Regulation E applies to all persons (including branches and other offices of foreign banks located in the United States) that offer EFT services to residents of any state, including resident aliens. It covers any account located in the United States through which EFTs are offered to a resident of a state. This is the case whether or not a particular transfer takes place in the United States and whether or not the financial institution is chartered in the United States or a foreign country. The regulation does not apply to a foreign branch of a U.S. bank unless the EFT services are offered in connection with an account in a state as defined in § 1005.2(l).
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#2284802 - 05/22/23 09:16 AM Re: Remittance Love Cruising
Love Cruising Offline
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If the sender of the remittance transfer does not live in the states And request a wire transfer to be sent to s foreign country the remittance transfer rule, even though the sender is not living in a State. But you’re it appears the sender even if living abroad originates the wire regardless of where they reside they are covered.
Reading the sender definition for sender in the reg it refers to consumer in a state and my concern is for those senders not in a state since they’re living in a foreign country (Argentina) and sending to (Colombia). By providing the remittance transfer receipts required and the error resolution that covers a 6 month period wouldn’t that be criticized. I thought it would be applicable if sender was a US citizen in the military and living in a US base sending a wire while living in the base

From the Reg: Sender means a consumer in a State who primarily for personal, family, or household purposes requests an international money transfer provider to send an international money transfer to a designated recipient.

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#2284803 - 05/22/23 12:29 PM Re: Remittance Love Cruising
rlcarey Online
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rlcarey
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Per the citation that I previously cited: that offer EFT services to residents of any state, including resident aliens.

This person you said is a foreign national living in Argentina. How can Reg E possibly apply to them?

My other question is why would a bank unless you had a robust international banking department even engage with such a person? Regulation E is not your main concern.
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#2284814 - 05/22/23 04:15 PM Re: Remittance Love Cruising
John Burnett Offline
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You should be looking at definitions in subpart B if they differ from those in subpart A.

The commentary on the definition of "sender" is ridiculously convoluted. Comment 30(g)-1 (Determining whether a consumer is located in a State) offers the following (emphasis added):

"1. Determining whether a consumer is located in a State. Under § 1005.30(g), the definition of “sender” means a consumer in a State who, primarily for personal, family, or household purposes, requests a remittance transfer provider to send a remittance transfer to a designated recipient. A sender located on a U.S. military installation that is physically located in a foreign country is located in a State. For transfers sent from a prepaid account (other than a prepaid account that is a payroll card account or a government benefit account), whether the consumer is located in a State depends on the location of the consumer. If the provider does not know where the consumer is at the time the consumer requests the transfer from the consumer's prepaid account (other than a prepaid account that is a payroll card account or a government benefit account) the provider may make the determination of whether a consumer is located in a State based on information that is provided by the consumer and on any records associated with the consumer that the provider may have, such as an address provided by the consumer. For transfers from all other accounts belonging to a consumer, whether a consumer is located in a State depends on where the consumer's account is located. If the account is located in a State, the consumer will be located in a State for purposes of the definition of “sender” in § 1005.30(g), notwithstanding comment 3(a)-3. For these accounts, if they [the accounts] are located on a U.S. military installation that is physically located in a foreign country, then these accounts are located in a State. Where a transfer is requested electronically or by telephone and the transfer is not from an account, the provider may make the determination of whether a consumer is located in a State based on information that is provided by the consumer and on any records associated with the consumer that the provider may have, such as an address provided by the consumer."
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#2284816 - 05/22/23 04:37 PM Re: Remittance Love Cruising
rlcarey Online
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rlcarey
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Thanks John - you are correct, it is very convoluted.
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#2284852 - 05/23/23 10:23 AM Re: Remittance Love Cruising
Love Cruising Offline
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It certainly is. Thank you.

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