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Unify the Money Transmission Regulatory Framework Under the Department of the Treasury

3,333 Views / Posted by Aaron Greenspan

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Right now, each state legislature determines whether or not to regulate "money transmission," which is often (but not always) defined as the act of routinely holding onto funds that belong to others with the intent of sending those funds somewhere else, whether domestically or abroad. The ad hoc system of regulation has led to different application fees, license fees, background check requirements, net worth requirements, surety bond requirements, documentation requirements, and auditing requirements, all of which can end up costing around $20 million to comply with in aggregate nationwide. Ironically, all of this expense only ends up insuring consumers who use registered money transmitters. The riskiest money transmitters, who do not bother complying with state or federal laws, are not covered by the surety bonds that registered transmitters are required to obtain, and the FDIC insures only bank accounts.

In summary, the system is totally broken. Standards are desperately needed in order to 1) protect consumers better than the current patchwork can, and 2) allow new entrants with new technologies to lower the price of financial services in general. The Department of the Treasury has already issued some standards through its Financial Crimes Enforcement Network (FinCEN), but the states generally ignore them. Congress needs to explicitly pre-empt state laws so that FinCEN can actually make some sense of this mess and keep people safe.
Supporters: Aaron Greenspan, Jonathan Wallis
Opponent: David Sauter
Section

Laws and Regulations, United States Code
18 U.S.C. § 1960: Title 18, Part I, Chapter 95, Section 1960 (Changes)

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