Tag: Hawaii

Economics-Watching: Money Transmitter Regulation: Key to Payments Modernization

[from the Federal Reserve Bank of Atlanta, by Claire Greene, payments risk expert in the Retail Payments Risk Forum]

In October, I wrote about the potential for standards to make business-to-business payments more efficient. Today, let’s talk about standards again, this time for money transfer businesses and the state regulations covering them.

We all know these businesses: Venmo, Western Union, MoneyGram, PayPal, CashApp. The roster seemingly grows by the day. Many crypto firms also are registered money transfer businesses. Money transfer businesses typically are nationwide and global in scope. Nevertheless, these multi-state and multi-national businesses are regulated under the separate licensing rules of individual states and US territories. Federal laws, including the Bank Secrecy Act and the Electronic Fund Transfer Act, also apply to money transfer businesses.

For new and established money transfer businesses and for state regulators, the hodgepodge of state regulations creates headaches. To do business everywhere in the United States, money transfer businesses must register separately in each state and US territory and meet license requirements that can vary from state to state. They can face multiple state examinations, also with different requirements, simultaneously (and annually). During examinations, regulators review operations, financial condition, management, and compliance with anti-money laundering laws.

Fortunately, many states have acted to address this confusing and inefficient situation by adopting the Model Money Transmission Modernization Act (MTMA) [archived PDF], sample legislation developed by the Conference of State Bank Supervisors to establish nationwide standards and requirements for licensed money transmitters. Fourteen states have adopted some version of the MTMA: Arizona, Arkansas, Georgia, Hawaii, Indiana, Iowa, Minnesota, Nevada, New Hampshire, North Dakota, South Dakota, Tennessee, Texas, and West Virginia. In my home state of Massachusetts, the legislature’s Joint Committee on Financial Services heard testimony on a version of this bill just last month. For traditional money transmitters and new fintech entrants, the MTMA aims to reduce the substantive and technical differences among the various state laws and regulations. This kind of change has the potential to reduce compliance burdens, encourage innovation, and remove barriers to entry for new market participants.

The MTMA is important given the prodigious growth in person-to-person, or P2P, payments via apps. Among all US consumers, half of P2P payments were sent using noncash methods in 2022, up from less than 30 percent in 2020 (see the chart). From Massachusetts alone, money transmitters sent $31 billion in 2022, according to the state’s Division of Banks.

Half of P2P payments were made electronically in 2022.

The MTMA also has the potential to create efficiencies for state supervisors. For example, the Conference of State Bank Supervisors (CSBS) has facilitated a collaborative exam program for nationwide payments and cryptocurrency firms to undergo one exam, each facilitated by one state overseeing a group of examiners sourced from across the country. According to the CSBS, transmitters in more than 40 states that have laws addressing core precepts can benefit from the streamlined exams.

The MTMA is another example showing that standards create efficiencies that are good for businesses, good for regulators and, by extension, good for consumers.

Essay 115: Novels as Another University: Joseph Conrad

One can say that the first wave of imperial “neocons” was not the group that got the U.S. into the Iraq War (2003) but the group described by Warren Zimmerman in his classic book on the rise of the American Empire from the 1890s onwards:

First Great Triumph

How Five Americans Made Their Country a World Power.

By Warren Zimmermann.

Illustrated. 562 pp. New York: Farrar, Straus & Giroux

“Americans like to pretend that they have no imperial past,” Warren Zimmermann tells us in First Great Triumph: How Five Americans Made Their Country a World Power. But they do.

The United States had been expanding its borders from the moment of its birth, though its reach had been confined to the North American continent until 1898, when American soldiers and sailors joined Cuban and Filipino rebels in a successful war against Spain. When the war was won, the United States acquired a “protectorate” in Cuba and annexed Hawaii, the Philippine Islands, Guam, Puerto Rico and Hawaii. “In 15 weeks,” Zimmermann notes, “the United States had gained island possessions on both the Atlantic and Pacific sides of its continental mass. It had put under its protection and control more than 10 million people: whites, blacks, Hispanics, Indians, Polynesians, Chinese, Japanese and the polyethnic peoples of the Philippine archipelago.”

John Hay, at the time the American ambassador to Britain, writing to his friend Theodore Roosevelt in Cuba, referred to the war against Spain as “a splendid little war, begun with the highest motives, carried on with magnificent intelligence and spirit, favored by that Fortune which loves the brave.” He hoped that the war’s aftermath would be concluded “with that fine good nature, which is, after all, the distinguishing trait of the American character.” More than a century later, we are still asking ourselves just how splendid that little war and its consequences really were.

Zimmermann, a career diplomat and a former United States ambassador to Yugoslavia, begins his brilliantly readable book about the war and its aftermath with biographical sketches of the five men — Alfred T. Mahan, Theodore Roosevelt, Henry Cabot Lodge, John Hay and Elihu Root — who played a leading role in making “their country a world power.”

Ironically, it turns out that any reader of Joseph Conrad’s (died in 1924) famous novel Nostromo from 1904 would have encountered the “manifesto” of the American Empire, very clearly enunciated by one of the characters in the novel:

“Time itself has got to wait on the greatest country in the whole of God’s universe. We shall be giving the word for everything; industry, trade, law, journalism, art, politics and religion, from Cape Horn clear over to Smith’s Sound (i.e., Canada/Greenland), and beyond too, if anything worth taking hold of turns up at the North Pole. And then we shall have the leisure to take in hand the outlying islands and continents of the earth.

“We shall run the world’s business whether the world likes it or not. The world can’t help it—and neither can we, I guess.”

Joseph Conrad, Nostromo, Penguin Books, 2007, pages 62/63

The political stances of Conrad which seem so denunciatory of imperialism here in Nostromo seem very disrespectful of Africans in his Heart of Darkness as Chinua Achebe (Nigerian novelist, author of Things Fall Apart) and other Africans have shown and decried. Thus one sees layer upon layer of contradiction both in American empire-mongering and Conrad’s anticipation of it in his novel Nostromo.