Cross-border payments are transactions in which funds are transferred between individuals, businesses, or financial institutions in different countries.

Cross-border payment regulation is a complex and dynamic process influenced by a variety of factors, including national laws and policies, international treaties and agreements, and financial services industry practices and standards.

How Are Cross-Border Payments Regulated?

Cross-border payments are regulated by the central bank or financial regulator in the majority of countries. These agencies are in charge of overseeing the financial system, ensuring economic stability, and protecting consumer rights. They also play an important role in developing and enforcing cross-border payment regulations.

One of the primary objectives of cross-border payment regulation is to prevent money laundering and other illegal activities like terrorist financing, tax evasion, and fraud.

To that end, regulators frequently require financial institutions to implement stringent anti-money laundering (AML) and know-your-customer (KYC) procedures, which include verifying customers' identities, monitoring transactions for suspicious activities, and reporting any potential violations to the appropriate authorities.

Another critical aspect of cross-border payment regulation is transaction security. Financial institutions are frequently required by regulators to implement strong security measures, such as encryption, multi-factor authentication, and secure payment systems, to prevent unauthorized access to funds and to protect against fraud and hacking.

Loopholes Being Shored Up Everyday

Cross-border payments are governed by international treaties and agreements in addition to national regulations. The European Union, for example, has established a single market for payments through the Single Euro Payments Area (SEPA), which allows free movement of euro-denominated payments among EU member states.

Additionally, the World Trade Organization plays a role in regulating cross-border payments by establishing rules and standards for international trade, including intellectual property rights protection and consumer protection.

The exchange of information between financial institutions and regulators is another important aspect of cross-border payment regulation.

In many cases, regulators require financial institutions to share information about cross-border transactions, including customer identities and transaction details, to aid in the prevention of illegal activities and to maintain the financial system's stability.

The rise of new payment technologies, such as blockchain and cryptocurrencies, has resulted in the development of new and innovative cross-border payment solutions in recent years.

While these technologies have the potential to provide significant benefits such as lower costs, increased efficiency, and improved security, they also introduce new regulatory challenges.

To address these issues, regulators are proactively investigating new cross-border payment models based on digital currencies and blockchain technology.

The Bank for International Settlements (BIS), for example, has formed a task force to investigate the potential benefits and risks of digital currencies, as well as to develop standards for their use in cross-border payments.

Wrapping Up

Ultimately, cross-border payments are governed by a complex and ever-changing set of national and international laws and policies. This regulation aims to ensure financial system stability, prevent illegal activities, and protect consumer rights.

Regulators are adapting to the changing landscape by exploring new models and developing new standards to support the continued growth of cross-border payments.

Cross-Border Payments FAQ

What is a cross-border payment?

A cross-border payment is a money transfer between people, businesses, or financial institutions in different countries.

How do international payments work?

A sender, a recipient, and a financial institution or payment provider are typically involved in cross-border payments. The payment is initiated by the sender, which is processed and transmitted through the financial system, and the funds are received by the recipient in their local currency.

What are some of the difficulties associated with cross-border payments?

Cross-border payments can be difficult due to currency, regulatory requirements, and the differences between countries' financial systems. These difficulties can result in high fees, lengthy processing times, and the possibility of errors or fraud.

How are international payments governed?

Cross-border payments are governed by each country's central bank or financial regulator, as well as international treaties and agreements. Regulations are in place to prevent money laundering and other illegal activities, ensure transaction security, and promote financial system stability.

What are some innovative cross-border payment solutions?

Blockchain and cryptocurrencies, for example, have the potential to provide more efficient and secure cross-border payment solutions. However, these technologies present new regulatory challenges and are currently the subject of ongoing research and development to determine the best way to capitalize on their benefits.

How can companies fight against payment fraud?

Companies can take steps to both prevent and fight against cross-border payment fraud, meaning they can go beyond the regulatory framework in which they operate and push for greater transactional control.

Payment fraud can and will severely damage a brand’s reputation and image, which makes it incredibly important for them to take the necessary precautions in order to secure their payments and their own business.

As such there are some courses of action which should be taken, namely in what concerns payments compliance and authentication factors.

Payments compliance is something which should never be overlooked, meaning companies not only need to be fully aware of local rules and regulations, but they also need to take the necessary steps towards finding alignment with them. Norms such as the PSD2 in Europe are effectively trying to prevent fraud and foster a secure digital payments environment.

As for authentication, it has become quintessential to verify customer authenticity before processing payments, especially concerning the realm of CNP transactions (card-not-present). Accordingly, multi-factor authentication or SCA (strong customer authentication) becomes a necessity.

Lastly, AI and data can help prevent cross-border sales fraud. AI risk management tools are primed to give companies data-driven, real-time, actionable insights and can detect fraudulent transactions as they happen.