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List of United States Government Agencies now regulating your check-cashing or pawnbroker business.
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• Office of Foreign Assets Control (OFAC) A division of the US Treasury dept., and best known for its “Special Designated Nationals” (SDN) list. This is a list of people and companies that you are to watch for, and you are not supposed to do business with them. There are currently about 4300 names on the list, and it is updated about every 2 weeks. It is your responsibility to keep your list up to date. Every customer entering your premises must be checked against this list. Dazzle™ does this silently and constantly, and alerts you if a customer appears to match a name on the list. If you look at the list (click here) it is obvious a lot of the people and companies listed are not likely to have anything to do with the local check-cashing or pawn shop. Nonetheless you are required to maintain proper precautions and procedures, and you can be heavily penalized if you are inspected and found not to have proper procedures implemented.
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• Financial Crimes Enforcement Network (FinCEN) Attention: coin, precious-metals, and jewelry dealers. Also under the Treasury Dept., FinCEN has established Anti-Money-Laundering (AML) regulations that specifically apply to coin, precious-metals, and jewelry dealers, although it is understood that pawnbrokers are explicitly exempted provided they meet certain requirements and do not qualify as "dealers". “Qualification” has to do with volume of business, so you must check your status carefully.
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• The Internal Revenue Service (IRS) The IRS is very much involved in the AML (anti-money-laundering) efforts. You are required to report to the IRS the names of all customers who perform large numbers of cash transactions, either separately or in a “structured” series of transactions. You must do this using a specially designated document (IRS form 8300). You must also be alert for any “suspicious activity” involving cash payments, although the guidelines for this are vague. Be aware that if you operate multiple locations, then total cash transactions for all locations must be consolidated in your AML reporting. Dazzle™ keeps track of all cash payments for you, and prepares the 8300 forms for you. Just push the button.
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• Criminal Investigation (CI) This is the arm of the IRS responsible for prosecuting non-compliant businesses. To see examples of what kinds of businesses have been prosecuted (including check-cashing agencies) click here
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All Agencies |
For your information:
Obviously we strongly recommended you comply with all requirements. |
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• The Bureau of Alcohol Tobacco and Firearms (ATF) This agency regulates all transactions involving firearms, and employs field inspectors to ensure compliance. As a dealer in firearms you are required (among other things) to maintain an “Acquisition/Disposition Ledger” containing specific information about where each firearm came from (acquisition) and where it went(disposition). The format of this ledger must be exactly correct. Of course there are several other forms and reports you must also provide. Dazzle™ completely automates the ledger-keeping process, and provides searching, sorting, and reporting capabilities far beyond those of a manual system.
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• Federal Trade Commission Responsible for consumer protection and credit laws. All lenders in the USA must comply with the Truth in Lending Act, (1968), designed to protect consumers, by requiring clear disclosure of the lending arrangement and all costs. The regulations implementing the statute, are known as "Regulation Z". All pawn tickets, loan contracts, etc., must comply with Regulation Z, specifying very exact language, layout, font-sizes, etc. • Also - the Privacy Act and Gramm-Leach-Bliley act. • All Dazzle documents comply with regulation Z and the Gramm Leach Bliley act. One less thing for you to worry about.
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• State Regulations, City and License Regulations, Local Police reporting. As if there weren't enough for check-cashers and pawnbrokers to worry about, there are also a great many laws and regulations at a State level, and a great many City ordinances and licensing requirements that have to be observed. Needless to say in every State in which it is used, Dazzle™ complies with all regulations, and uses forms and documents approved by the State. Reporting your transactions to your local city or police department is a huge burden but is accomplished automatically by Dazzle™ through a variety of methods, ranging from paper reports to online data submissions. In addition Dazzle can communicate electronically to national reporting agencies such as Leads Online, and Business Watch International. |
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List of United Kingdom Government Agencies now regulating your cheque-cashing or pawnbroker business.
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• H.M. Treasury Best known for its “Financial Sanctions Targets” list. This is a list of people and companies that you are to watch for, and you are not supposed to do business with them. There are currently about 8,500 names on the list, and it is updated about every 2 weeks. It is your responsibility to keep your list up to date. Every customer entering your premises must be checked against this list. Dazzle™ does this silently and constantly, and alerts you if a customer appears to match a name on the list. If you look at the list (click here) it is obvious a lot of the people and companies listed are not likely to have anything to do with the local cheque-cashing shop or pawn shop. Nonetheless you are required to maintain proper precautions and procedures, and you can be heavily penalised if you are inspected and do not have proper procedures implemented.
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• HM Revenue and Customs if you are a pawnbroker or a cheque casher, you are required to register with HMRC. HMRC conducts regular visits and inspections to “encourage” you to comply with AML (anti money laundering) requirements. They can report you to the Serious Organized Crime Agency (SOCA) if they feel you are engaged in money laundering or terrorist financing. (quoted from HMRC publication COP28) …
This is obviously a very serious matter. The documentation you must produce and the precautions you must take are extensive. Dazzle™ is invaluable to you in this area. Naturally it records every transaction. It also tracks the behavior of all customers who pay with large amounts of cash (even in installments over many months). It can record what types of currency they paid with. It can sort all this information and produce meaningful searches and reports. It will automatically ensure that all customer Identification papers are up to date (and ask for re-verification at prescribed intervals). Of course it stores pictures of ID's, and can also store fingerprints.. The cheque-cashing routines in Dazzle™ will monitor customer activity and alert you and your staff to customers whose cumulative cashing habits (over time) are possibly suspicious. The customer is required to give further explanation (on the record) if certain patterns are detected. It is extremely important to know your customers and confirm their identities. Dazzle™ leaves no possibility of error in this critical area. You can configure exactly what types of ID are required, and Dazzle™ will not permit you to continue unless all requirements are satisfied. To you, the shop owner, all these things mean peace of mind. You can feel confident that no employee can omit proper ALM and ID procedures when you are not watching, because Dazzle™ simply won't allow it. When HRMC comes calling (as they will), you know you will have all the necessary facts for them.
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• Serious Organized Crime Agency (SOCA) This is the agency you will be answering to if HMRC thinks that your procedures, (or lack of procedures) are inadequate or suspicious. You probably do not want to be under investigation by this agency.
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• Office of Fair Trading (OFT) Yet another agency exercising control over how you must conduct your business. They publish a FAQ which says . . .
You probably realise by now how useful Dazzle will be in complying with ALM. The OFT also acts as the licensing agency for businesses that offer credit or lend money, and their powers in this area are derived from the Consumer Credit Act. This act governs fair lending practices, legal and contract language and disclosures (for cheque and pawn contracts) and also such technicalities as APR (Annual Percentage Rate) calculations. Dazzle™ uses up-to-date EU standards for calculating and printing APR, and we are constantly monitoring any possible changes in the law. It is extremely important to make sure all your credit and lending practices comply with this act. Dazzle ™ printed contracts for cheque cashing and pawnbroking are user-modifiable. If for any reason you need to make a change to stay compliant with some new law, you can do so yourself in minutes.
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All Agencies |
For your information:
Obviously we strongly recommended you comply with all requirements. |
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