Product Disclosure Statement United States & Canada (January 2014) Global Payment and Risk Management Solutions Product Disclosure Statement - United States & Canada January 2014 Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Trade Confirmations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Telephone Recordings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Privacy Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Fraud Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Contact Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Page 2 of 20 Product Disclosure Statement - United States & Canada January 2014 Introduction This Product Disclosure Statement (PDS) contains information about the Global Payment and Risk Management Solutions provided to you by AFEX. The information set out in this PDS is general in nature and has been prepared without taking into account your objectives, financial situation or needs. Before dealing in foreign exchange transactions you should consider whether it is appropriate, having regard to your own objectives, financial situation and needs. This PDS does not constitute financial or legal advice, including financial recommendations. If you need legal advice, please seek the services of an attorney. If you have any questions or need more information, please contact your AFEX Account Executive or visit our website at www.afex.com. Trading in foreign exchange and foreign exchange derivative products involves the potential for gain as well as the risk of loss. In some cases, that loss may exceed the amount of money you commit to a transaction. Movements in the price of foreign exchange rates are influenced by a variety of factors many of which are unpredictable. AFEX is unable to guarantee a maximum loss that you may suffer from trading. You are not obliged to use any products described in this PDS unless you have a comprehensive understanding how they work, including the risks and the costs involved. Changes to this PDS Information in this PDS that is not materially adverse to users of our products is subject to change and may be updated via our company website (see our contact details on the cover page of this PDS). You can access that information by visiting the website, or otherwise contacting us and asking for an electronic or paper copy, which will be provided free of charge. You can also access the website which may contain, from time to time, other information about our products. We may make other information about our products available to you, and that information may also be accessed for free from our website or by contacting us by phone or email. About AFEX Associated Foreign Exchange, Inc. (AFEX), a California Corporation located at Warner Center, 21045 Califa Street, Woodland Hills, California 91367 United States, is licensed and regulated as a Money Transmitter by several State Regulatory Agencies, and it is registered as a Money Services Business (MSB) with the Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Department of the Treasury Financial. In addition, AFEX is also registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). Established in 1979, AFEX effectively pioneered the business of personalized foreign exchange services, tailored to small and mid-size business clients. AFEX is wholly owned by Associated Foreign Exchange Holdings, Inc. a California Corporation, with subsidiaries in multiple jurisdictions, including the United States, United Kingdom, Australia, Switzerland, etc. Products Foreign Exchange Transactions In general terms foreign exchange is the conversion of one currency to another at an agreed exchange rate. A foreign exchange transaction is a binding agreement between you and AFEX in which one currency is sold or bought against another currency at an agreed exchange rate on the current date or at a specified future date. The day that you order your currency is referred to as the Trade Date; the day that you are required to make payment for your currency (and the day that we exchange currencies) is referred to as the Value Date. AFEX offers the following three types of foreign exchange transactions: • Value Today – refers to transactions where the Value Date and the Trade Date are the same day. • Value Tomorrow – refers to transactions where the Value Date is one business day after the Trade Date. • Value Spot – refers to transactions where the Value Date is two (2) business days after the Trade Date. In addition to these transactions we also offer a foreign exchange product that is settled beyond two business days. This is referred to as Forward Exchange Contracts. Page 3 of 20 Product Disclosure Statement - United States & Canada How does a Foreign Exchange Transaction work? When you enter into a foreign exchange transaction you nominate the amount of currency to be bought or sold, the two currencies to be exchanged and the type of trade (Value Today, Value Tomorrow or Value Spot). The currencies that you wish to exchange must be on the list of available currencies provided by AFEX. • • • • • January 2014 The currency pair Market volatility and liquidity at the time of the transaction Availability of currency in the market. The tenor (or value date) of the currency exchange. Interest rate differentials between the two currencies involved. AFEX will determine the exchange rate applicable to the trade based on the currencies and the Value Date that you have nominated. On the Value Date it is essential that you deliver the currency you are exchanging in accordance with the exchange rate determined by us and agreed by you at the time the trade was entered into. The exchange rate that AFEX provides you for Value Today and Value Tomorrow transactions are based on the standard market convention of reflecting the interest rate differential between the currencies that are being exchanged. This adjustment can be either an addition or subtraction and reflects the costs or benefits associated with the interest rate differential between the currencies that are being exchanged. Upon receipt AFEX will pay you or your nominated beneficiary the amount of currency that you have purchased. Exotic Currency Spot Value Contracts How is the foreign exchange rate determined? A foreign exchange rate is the price of one currency (the Base Currency) in terms of another currency (the Terms Currency). A quotation shows how many units of the Terms Currency will equal one unit of the Base Currency. For example the foreign exchange rate AUD/USD 0.7215 means one Australian dollar is equal to 72.15 US cents. In this example, the Australian dollar is the Base Currency and the US Dollar is the Terms Currency. Exchange rates are quoted on the interbank market and fluctuate according to supply and demand. This market is restricted to authorized exchange dealers and banks that constantly quote to each other at wholesale rates and in minimum parcel sizes. Factors that influence supply and demand include: • • • • Investment inflows/outflows Market sentiment or expectations Economic and political influences Import/export of goods and services Exchange rates quoted in the media generally refer to interbank rates and will usually differ from exchange rates quoted to you. Interbank rates do not reflect the levels at which AFEX buys or sells currency. Rates of exchange obtained by AFEX and in turn offered to its customers are dependent upon the following factors: If you intend to purchase an Exotic Currency (and you will be informed at the time of booking by your Account Executive whether the currency you are buying is an Exotic Currency), you are merely permitted to book for delivery on the Spot Value Date and need to make payment for this purchase on or before 1pm Pacific Time of the Trade Date. Failure to do so may result in the Exotic Currency you had purchased being sold back and the resulting loss (if any) being charged to you. The client is required to provide correct and complete bank instructions prior to the trade. The trade may take place only upon approval of the bank instructions by AFEX. By entering into an Exotic Currency Spot Value Contract, you have removed the uncertainty of exchange rate movements over the next two Business Days. In exchange for this exchange rate certainty you have relinquished the opportunity to take advantage of any favorable exchange rate movements between the Trade Date and the Spot Value Date. In addition to this Exotic Currencies are illiquid, i.e. they have low trading volumes and therefore market movements in these environments can be amplified and unpredictable. This increased level of risk represents a high cost to carry for trading entities and complicates the unwinding of existing currency positions. The differences between the bid and ask prices for exotic currencies tend to be significantly wider compared to the Page 4 of 20 Product Disclosure Statement - United States & Canada major currencies. This combination of illiquidity and a lack of inherent price stability have an adverse effect on exotic currency pricing. In turn, this heightens volatility, which poses a significant risk to any trading entity. Market volatility can be higher by a margin of several hundred percent, depending on socio-economic and political conditions or the prevalent investment climate in the respective jurisdiction. If a transaction has to be sold back to the currency market, the probability for substantial losses is significantly increased. January 2014 beneficiary bank(s) which facilitates the sending or payment of a wire transfer/drafts may impose their own additional fees or charges which may be deducted from the amount paid to you or your beneficiary. These fees are at the discretion of those institutions and AFEX does not control, set or benefit from such fees. For further information in relation to the cost of wire transfers and drafts in connection with a foreign exchange transaction, please contact your Account Executive at AFEX. Settlement and delivery of a Foreign Exchange Transaction On the value date for your trade it is vital to deliver the currency that you are exchanging in accordance with the exchange rate determined by AFEX and agreed by you at the time the trade was entered into. Upon receipt of cleared funds AFEX will pay you or your nominated beneficiary the amount of currency that you have purchased. AFEX can deliver payment to you or your nominated beneficiary either by initiating a wire transfer to a bank account or through the physical delivery of a draft in accordance with your instructions to AFEX. Cost of a Foreign Exchange Transaction When you enter into a foreign exchange transaction, you agree to make a payment of one currency to AFEX in exchange for the receipt of another currency. The amount that you pay to us is determined by the exchange rate that we agree. You will not be charged any additional entry fees for a foreign exchange transaction but other fees or charges may apply for related services such as wire transfers or drafts that are made in connection with the foreign exchange transaction. The transaction fee we charge you for these services will vary based on: • • • • AFEX fixed costs for fulfilling the transaction. Volume and frequency of wire and / or draft payments. The relevant currency involved The country to which the funds are being sent Your Account Executive will advise you of any transaction fees before you begin trading. In addition to the fees charged by AFEX for sending payments by wire transfer or for issuing drafts, any correspondent, intermediary or Forward Contracts A forward Contract is a binding agreement between you and AFEX in which one currency is sold or bought against another currency at an agreed exchange rate on an agreed date beyond two (2) business days in the future. AFEX offers the following three types of Forward Contracts: Window Forward Contracts Window Forward Contracts exchange one currency for another at a specified and agreed Foreign Exchange Rate for a Value Date between three Business Days and one year after the Trade Date and allow you to access your foreign currency at any time within the Window Period. The exchange rates quoted for Value Dates different from the Spot Value Contract are determined by adjusting the Spot Exchange Rate by Forward Points. By entering into a Window Forward Contract you have removed the uncertainty of exchange rate movements until the settlement of the contract. In results to this exchange rate certainty you relinquish the opportunity to take advantage of any favorable exchange rate movements between the Trade Date and the Value Date. In addition, with a Window Forward Contract, you may utilize any portion of the currency purchased at any time up to the Value Date of the contract, once that currency has been paid for. Outright Forward Contracts Outright Forward Contracts exchange one currency for another at a specified and agreed Foreign Exchange Rate for a Value Date between three Business Days and one year after the Trade Date and have a fixed future date as the Value Date. Page 5 of 20 Product Disclosure Statement - United States & Canada The exchange rates quoted for settlement dates different from the spot value contract are determined by adjusting the Spot Exchange Rate by Forward Points. By entering into an Outright Forward Contract you have removed the uncertainty of exchange rate movements over the next Business Days. In exchange for this exchange rate certainty you have lost the opportunity to take advantage of any favorable exchange rate movements between the Trade Date and the Value Date. Exotic Currency Forward Contracts If you intend to purchase an Exotic Currency for a value date later than the Spot Value Date (and you will be informed the time of booking by your Account Executive whether the currency you are buying is an Exotic Currency), you will be entering into an Exotic Currency Forward Contract. The client is required to provide correct and complete bank instructions prior to the trade. The trade may take place only upon approval of the bank instructions by AFEX. Following approval the trade will take the form of an Outright Forward Contract. In addition to the risks and benefits of the applicable type of Forward Contract, Exotic Currencies are illiquid, i.e. they have low trading volumes and therefore market movements in these environments can be amplified and unpredictable. This increased level of risk represents a high cost to carry for trading entities and complicates the unwinding of existing currency positions. The differences between the bid and ask prices for exotic currencies tend to be significantly wider com- pared to the major currencies. This combination of illiquidity and a lack of inherent price stability has an adverse effect on exotic currency pricing. In turn, this heightens volatility, which poses a significant risk to any trading entity. Market volatility can be higher by a margin of several hundred percent, depending on socio-economic and political conditions or the prevalent investment climate in the respective jurisdiction. If a transaction has to be sold back to the currency market, the probability for substantial losses is significantly increased. How does a Forward Contract work? When you enter into an a forward contract you nominate the amount of currency to be bought or sold, the two currencies to be exchanged and the date that you wish to exchange January 2014 the currencies (the Value Date). The currencies that you wish to exchange must be on the list of available currencies provided by AFEX. For a list of available currencies please contact your Account Executive at AFEX. AFEX will determine the exchange rate applicable to the forward contract based on the currencies and the Value Date that you have nominated. With the exception of a Non-Deliverable Forward (NDF) on the Value Date it is essential that you deliver the currency you are exchanging in accordance with the exchange rate determined by AFEX and agreed by you at the time the forward contract was entered into. Upon receipt AFEX will pay you or your nominated beneficiary the amount of currency that you have purchased or sold. Purpose of Forward Contracts Forward contracts allow parties to fix exchange rates. This allows you to Hedge your currency exposure by providing protection against unfavorable currency movements between the time that you enter into a forward contract and the Value Date. It may also assist you in managing your cash flow by negating the uncertainty associated with exchange rate fluctuations for the certainty of a specified cash flow. Benefits of Forward Contracts Forward contracts may help you manage the risk inherent in currency markets by predetermining the rate and date on which you will purchase or sell a given amount of foreign currency against another currency. This can provide you with protection against negative foreign exchange movements between the time that you deal and the Value Date. This may also assist you in managing your cash flow by negating the uncertainty associated with exchange rate fluctuations for the certainty of a specified cash flow. In addition, Value Dates and amounts can be tailored to meet your requirements. Risks Associated to Forward Contracts AFEX considers that forward contracts are only suitable for Clients who understand and accept the risks involved in investing in financial products involving foreign exchange rates. AFEX recommends that you obtain independent financial and legal advice before entering into a forward contract. The following are the significant risks associated with a forward contract: Page 6 of 20 Product Disclosure Statement - United States & Canada • Forward contracts may not be cancelled by the Client once entered into with AFEX in accordance with the product’s terms and conditions. • Any margin amounts associated to forward contracts are non-refundable. • The foreign currency market is volatile. If the purchased currency weakens during the period covered by the forward contract, the value of the amount of currency may be less favorable than the current price for the purchased currency. • Forward contracts purchased from AFEX are not transactions subjects of the Commodities Futures Trading Commission. Additional Requirements Each forward contract which you enter into will be subject to the Terms and Conditions for doing business with AFEX. It is only after signing these documents that the client is eligible to enter into a forward contract for the first time. In addition to the Master Forward Contract Agreement, you may also need to provide us with the following signed documentation together with such other “Know your Customer” information that AFEX may require: January 2014 Dodd-Frank Client Notification Under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), wideranging measures were introduced designed to introduce transparency and accountability to the financial markets. Some of these regulations include foreign exchange products, such as Forwards. Regulatory obligation requires all financial institutions to collect and maintain certain Client information, in order to provide continued access to forward contracts Clients may entered into with AFEX. Under the new regulations, all Clients are responsible for obtaining a Legal Entity Identifier (LEI), currently known in the United States as a CFTC Interim Compliant Identifier (CICI). A CICI is a unique code associated with a single legal entity in accordance with the ISO 17442 standard. The CICI is a reference data tool to standardize how a counterparty is identified on financial transactions. Its goal is to help improve the measuring and monitoring of systemic risk and support more cost-effective compliance with regulatory reporting requirements. AFEX’s CICI is: 549300MV57LPASV8US90. • • • • Margin Call Agreement Legal Entity Identifier Information Request form Bank reference form Audited financial statements (no more than 12 months old) • Direct Debit Request form • A Partial Prepayment at the time the forward contract is booked Upon completion of these documents, AFEX will conduct an accreditation process. Accreditation and acceptance of a client is at AFEX’s sole discretion. The main checks that are relevant to the accreditation of a client are: • Verification of a Client’s identity in accordance with relevant AML laws. • A successful credit check conducted through a third party credit agency. • An AML risk assessment considering relevant factors such as the nature of a Client’s business and the country where the Client will make or receive payments. • A check of a client’s principal officers and beneficial owners against relevant government issued sanction lists. The registration website to obtain this number is https:// www.ciciutility.org/. The following is a link that details the purpose behind the LEI/CICI, as required by the regulation http://www.dtcc.com/products/dataservices/lei.php. Significant Benefits of Our Products In addition to the benefits already outlined in this PDS, the significant benefits of using our products are: • Manage Volatility We can offer products that manage the risk that the Foreign Exchange Rate will move in an adverse direction. • Provide Cash Flow Certainty Depending on the products chosen, Foreign Exchange Transactions generally allow you to agree to a rate of exchange now, for a time in the future. This will help you to determine the exact cost of that currency, giving certainty over the flow of funds. • Tailored and Flexible We can tailor the transaction to meet your specific circumstances. Unlike exchange traded products, our over-the-counter contracts are not standardized and Page 7 of 20 Product Disclosure Statement - United States & Canada • • • can be personally tailored to suit your requirements. For example, AFEX allows you to enter into transactions in small amounts and the Value Date is negotiable, whereas exchange traded products are a standard size and cannot be varied in duration. Virtual 24 Hour Trading We offer an on-line platform that helps you trade simply and easily, 24 hours a day. High Level of Liquidity The foreign exchange market is very liquid enabling AFEX to efficiently manage its risks by entering into transactions with its hedging counterparties. The liquidity comes mainly from large and smaller banks that provide liquidity to investors, companies, institutions and other currency market players. Real time quotes AFEX uses sophisticated technology and/or liquidity providers (counterparties) in order to offer you up-to-theminute quotes. Trade Confirmations The commercial terms of a particular foreign exchange transaction will be agreed and binding at the time of dealing. This may occur verbally over the phone, electronically or in any other manner set out in our Terms and Conditions for doing business with AFEX. Shortly after entering into a foreign exchange transaction, AFEX will send you a Trade Confirmation outlining the commercial terms of the deal; this Confirmation is intended to reflect the transaction that you have entered into with AFEX. It is important that you check the Confirmation to make sure that it accurately records the terms of the transaction. In the event that there is a discrepancy between your understanding of the foreign exchange transaction and the Confirmation, it is important that you immediately raise this with your Account Executive as a matter of urgency. Telephone Recordings Conversations with our Account Executives are recorded in accordance with standard market practice. We do this to ensure that we have complete records of the details of all transactions. Taped conversations are retained for a limited time and are usually used when there is a dispute and for staff monitoring purposes. If you do not wish to be recorded January 2014 you should inform your Account Executive at AFEX. AFEX, however, will not enter into any transaction over the telephone unless the conversation is recorded. Complaints At AFEX, we do everything we can to ensure that our customers and clients are provided with the highest quality of services. However, we also recognize that this may not always be the case. When these issues arise, we always encourage you to let us know so that we can address it accordingly. If you are not satisfied with any aspect of our services, you can tell us about your concerns or make a complaint by contacting your Account Executive at AFEX, or contact us at the following address: Associated Foreign Exchange, Inc. Compliance Department 21045 Califa Street Woodland Hills, CA 91367 You may also send us an email to: [email protected]. Our aim is to resolve your complaint as soon as possible. If the final decision made to your particular complaint is not satisfactory, you may refer your complaint to the below applicable State Regulatory Agency. Details of our internal complaints handling procedures are available on request. •Alabama Alabama Securities Commission 401 Adams Avenue, Suite 280 Montgomery, AL 36104 Website: www.bank.state.al.us Telephone Number: (800) 392-5658 •Alaska Department of Commerce, Community and Economic Development; Division of Banking and Securities; Money Service Businesses; 550 W. 7th Avenue, Suite 1940; Anchorage, AK 99501 Telephone: (907) 269-4594 Fax: (907) 269-1066 E-mail: [email protected]. Page 8 of 20 Product Disclosure Statement - United States & Canada •Arizona Arizona Office of Financial Institutions 2910 North 44th St., Suite 310 Phoenix, AZ 85018 Website: www.azdfi.gov Telephone Number: (800) 352-8431 •Arkansas Arkansas Securities Department 201 E. Markham, Suite 300 Little Rock, AR 72201-1692 Website: www.securities.arkansas.gov Telephone Number: (800) 482-8982 •California If you have any complaints with respect to any aspect of the money transmission activities conducted through AFEX, you may contact the California Department of Business Oversight at its toll-free telephone numbers, (800) 662-0620, by e-mail at consumer.complaints@ dbo.ca.gov or by mail at Department of Business Oversight, Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 California Department of Business Oversight 45 Fremont Street, Suite 1700 San Francisco, CA 94105-2219 Website: www.dfi.ca.gov Telephone Number: 1-800-952-5210 RIGHT TO REFUND: “You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Associated Foreign Exchange, Inc. “AFEX” does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. January 2014 If you want a refund, you must mail or deliver your written request to Associated Foreign Exchange, Inc. at 21045 Califa Street, Woodland Hills, California 91367. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.” •Colorado Entities other than FDIC insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes. If there are questions or concerns regarding a transaction with a licensee, please contact the Colorado Division of Banking at (303) 894-7575 or by mail at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, CO 80202. Consumer complaints should be in writing, providing as much detail as possible. Please include the following information: - The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses. - A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution. - Copies of any available documentation supporting the complaint and efforts toward resolution. - Any suggestions regarding a preferred resolution of the complaint. •Connecticut Connecticut Department of Banking 260 Constitution Plaza Hartford, CT 06103-1800 Website: www.state.ct.us/dob Telephone Number: (860) 713-6100 Page 9 of 20 Product Disclosure Statement - United States & Canada •Delaware Delaware Office of State Bank Commissioner 555 East Loockerman St., Suite 210 Dover, DE 19901 Website: www.banking.delaware.gov Telephone Number: (800) 220-5424 • District of Columbia Department of Banking & Financial Institutions 810 1st Street, NE Suite 701 Washington, DC 20002 Website: www.disb.dc.gov Telephone Number: (202) 442-9828 •Florida Associated Foreign Exchange, Inc. (“AFEX”) is a licensed money transmitter under Chapter 560, Florida Statutes. For suspected violations of Chapter 560, Florida Statutes, call Associated Foreign Exchange, Inc. at (888) 428-2339 or contact the Florida Office of Financial Regulation, 200 East Gaines Street, Tallahassee, FL 32399-0376, (800) 848-3792. •Georgia Georgia Department of Banking and Finance 2990 Brandywine Road, Suite 200 Atlanta, GA 30341 Website: http://dbf.georgia.gov Telephone Number: (404) 651-8600 •Hawaii Hawaii Division of Financial Institutions 335 Merchant Street, Rm. 221 Honolulu, HI 96813 Website: www.hawaii.gov/dcca/dfi Telephone Number: (808) 586-2630 •Idaho Idaho Department of Finance 800 Park Blvd., Suite 200 Boise, ID 83712 January 2014 •Illinois Illinois Department of Financial and Professional Regulation Division of Financial Institutions 320 W. Washington Springfield, IL 62786 Website: www.idfpr.com Telephone Number: (800) 243-0618 Services are provided by Associated Foreign Exchange, Inc. dba Associated Foreign Exchange of Illinois, Inc. (“AFEX”), located at 21045 Califa Street, Woodland Hills, California 91367, at (888) 428-2339. Upon receiving good funds from you, our client, Associated Foreign Exchange of Illinois, Inc. will make payment available to you or your beneficiary, as indicated on the trade confirmation, and commit to forwarding equivalent funds according to given instructions within a period not to exceed ten (10) business days. If your instructions as to when the monies shall be forwarded or transmitted are not complied with, you will have a right to a refund of the money, subject to applicable exchange rates at the time of the refund request. To request a refund in such cases, please call or write AFEX at the number or address listed above. •Indiana Indiana Department of Financial Institutions Non-Depository Division 30 S. Meridian Street, Suite 300 Indianapolis, IN 46204 Website: www.in.gov/dfi Telephone Number: (800) 382-5516 •Iowa Iowa Division of Banking 200 E. Grand Ave., Suite 300 Des Moines, IA 50309-1819 Website: www.idob.state.ia.us Telephone Number: (888) 777-4590 Website: www.finance.idaho.gov Telephone Number: (800) 432-3545 Page 10 of 20 Product Disclosure Statement - United States & Canada •Kansas Kansas Office of the State Bank Commissioner Division of Banking 00 SW Jackson, Suite 300 Jay Hawk Tower Topeka, KS 66603-3714 Website: www.osbckansas.org Telephone Number: (800) 432-2310 January 2014 •Massachusetts Massachusetts Office of Commissioner of Banks Division of Banks 1000 Washington Street, 10th Floor Boston, MA 02110 Website: www.mass.gov/dob Telephone Number: (617) 727-8400 •Kentucky Kentucky Office of Financial Institutions 1025 Capital Center Dr., Suite 200 Frankfort, KY 40601 •Michigan Michigan Department Labor & Economic Growth Office of Financial & Insurance Services 611 W. Ottawa Street, Floor 3 Lansing, MI 48933 Website: www.kfi.ky.gov Telephone Number: (888) 432-9257 Website: www.michigan.gov/dleg Telephone Number: (517) 373-1140 •Louisiana Louisiana Office of Financial Institutions Depository Division 8660 United Plaza Blvd., 2nd Floor Baton Rouge, LA 70809-7024 •Minnesota Minnesota Department of Commerce 85 7th Place East, Suite 500 St. Paul, MN 55101 Website: www.ofi.louisiana.gov Telephone Number: (800) 351-4889 •Maine Maine Department of Professional and Financial Regulation Office of Consumer Credit Regulation 35 State House Station Augusta, ME 04333 Website: www.maine.gov Telephone Number: (800) 436-2131 •Maryland The Commissioner of Financial Regulation for the State of Maryland will accept all questions and complaints from Maryland residents regarding Associated Foreign Exchange, Inc., at: 500 N Calvert Street, Suite 402, Baltimore, Maryland, 21202, phone toll-free: (888) 7840136. Website: www.mn.gov/commerce Telephone Number: (800) 657-3787 •Mississippi Mississippi Department of Banking & Consumer Finance Consumer Finance Division 501 N. West St. 901 Woolfolk Bldg., Suite A Jackson, MS 39225-3729 Website: www.dbcf.state.ms.us Telephone Number: (800) 281-4418 •Missouri Missouri Division of Finance 301 W. High Street, Suite 630 Jefferson City, MO 65102-0716 Website: www.missouri-finance.org Telephone Number: (800) 392-8222 •Nebraska Nebraska Department of Banking & Finance 1230 O Street, Suite 400 Lincoln, NE 68509-5006 Website: www.ndbf.ne.gov Telephone Number: (800) 727-6432 Page 11 of 20 Product Disclosure Statement - United States & Canada •Nevada Nevada Department of Business & Industry Financial Institutions Division 1179 Fairview Drive, Suite 201 Carson City, NV 89701 • Website: www.fid.state.nv.us Telephone Number: (702) 486-3132 Website: www.nccob.gov/public Telephone Number: (877) 560-7226 • • New Hampshire Customers: New Hampshire Banking Department 53 Regional Drive, Suite 200 Concord, New Hampshire Website: www.nh.gov/banking Telephone Number: (888) 468-4454 • New Jersey New Jersey Department of Banking & Insurance Division of Banking 20 W. State Street, 5th Floor Trenton, NJ 08625-0040 Website: www.state.nj.us Telephone Number: (973) 504-6200 • New Mexico New Mexico Regulation & Licensing Department Financial Institutions Division 2550 Cerrillos Road Santa Fe, NM 87504 Website: www.rld.state.nm.us Telephone Number: (800) 678-1508 • New York Additional terms for REMITTERS in New York. Associated Foreign Exchange, Inc. (“AFEX”) is a transmitter of money abroad. It is licensed and regulated by the New York State Department of Financial Services. Any unresolved complaints may be mailed to the New York State Department of Financial Services, Consumer Assistance Unit, One State Street, New York, NY 100041417. New York Department of Financial Services One State St. New York, NY 10004-1417. Website: www.dfs.ny.gov Telephone Number: (800) 771-7755 January 2014 North Carolina North Carolina Commissioner of Banks Consumer Industries 316 W. Edenton St. Raleigh, NC 27603 North Dakota North Dakota Department of Financial Institutions 2000 Schafer Street, Suite G Bismarck, ND 58501 Website: www.nd.gov/dfi Telephone Number: (800) 472-2600 •Ohio Ohio Department of Commerce 77 South High St., 21st Floor Columbus, OH 43213 Website: www.com.ohio.gov Telephone Number: (800) 282-0515 •Oklahoma Oklahoma Office of the State Banking Department 2900 N. Lincoln Blvd Oklahoma City, OK 73105 Website: www.osbd.state.ok.us Telephone Number: (405) 521-3921 •Oregon Oregon Department of Consumer & Business Services Division of Finance & Corporate Securities 350 Winter St. NE, Room 410 Salem, OR 97301 Website: www.cbs.state.or.us/external/dfcs Telephone Number: (877) 877-9392 •Pennsylvania Pennsylvania Department of Banking Department of Banking 17 N. Second St., 13th Floor Harrisburg, PA 17101 Website: www.banking.state.pa.us Telephone Number: (800) 441-2555 Page 12 of 20 Product Disclosure Statement - United States & Canada • Puerto Rico Puerto Rico Office of Commissioner of Financial Institutions Centro Europa Building, Suite 600 1492 Ponce de Leon Avenue San Juan, Puerto Rico 00907 Website: www.ocif.gobierno.pr/index_eng.html Telephone Number: (800) 981-7711 • Rhode Island Rhode Island Department of Business Regulation 1511 Pontiac Avenue Cranston, RI 02920 Website: www.dbr.state.ri.us Telephone Number: (401) 274-4400 • South Dakota South Dakota Division of Banking & Finance Division of Banking 217 ½ W. Missouri Pierre, SD 57501-4590 Website: www.dlr.sd.gov/banking/default.aspx Telephone Number: (800) 300-1986 •Tennessee Tennessee Department of Financial Institutions 414 Union Street, Suite 1000 Nashville, TN 37219 Website: www.state.tn.us/tdfi Telephone Number: (800) 342-8385 •Texas Contact information for complaints: Associated Foreign Exchange, Inc. dba AFEX is licensed under the laws of the State of Texas, and by state law is subject to regulatory oversight by the Texas Department of Banking. Any consumer wishing to file a complaint against Associated Foreign Exchange, Inc. dba AFEX should contact the Texas Department of Banking. If you have a complaint, contact AFEX at complaints. [email protected]. If you still have an unresolved compliant regarding the company’s money transmission activities, please direct your compliant to Texas Department of Banking, located at 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov January 2014 •Utah Utah Department of Financial Institutions 324 South State St., Suite 201 Salt Lake City, UT 84111-0089 Website: www.dfi.utah.gov Telephone Number: (801) 530-6601 •Vermont Vermont Department of Banking, Insurance, Securities & Health Care Administration 89 Main Street, Drawer 20 Montpelier, VT 05620 Website: www.bishca.state.vt.us Telephone Number: (800) 649-2424 •Virginia Virginia State Corporation Commission Bureau of Financial Institutions 1300 E. Main St., Suite 800 Richmond, VA 23218 Website: www.scc.virginia.gov Telephone Number: (800) 552-9963 •Washington Entities other than FDIC insured financial institutions that conduct money transmission activities in Washington State, including the sale of payment of money or credit are required to be licensed. If there are questions or concerns regarding a transaction with a licensee please contact the Washington State Department of Financial Institutions at (360) 902-8703 or by mail at: Department of Consumer Services, 150 Israel Road Southwest, Olympia, WA 98504-1200. To file a complaint, please provide: the name of the company, office location, and who you contacted at the company; your name, mailing address, and ten digit phone numbers; and a simple explanation of the problem, with a list of events in chronological order, making sure to include names and dates. Be specific and as brief as possible. For electronic submission, please complete the form found on the website: www.dfi.wa.gov, under Consumer Information: File a Complaint. Washington Department of Financial Institutions 150 Israel Road SW Tumwater, WA 98501 Website: www.dfi.wa.gov Telephone Number: (206) 464-6684 Page 13 of 20 Product Disclosure Statement - United States & Canada • West Virginia West Virginia Division of Banking One Players Club Drive Suite 300 Charleston, WV 25326-1789 Website: www.wvdob.org Telephone Number: (800) 368-8808 •Wisconsin Wisconsin Department of Financial Institutions Division of Banking – Licensed Financial Services Section 345 W. Washington Ave., 4th Floor Madison, WI 53703 Website: www.wdfi.org Telephone Number: (800) 998-0700 •Wyoming Wyoming Department of Audit Division of Banking 122 West 25th Street Cheyenne, WY 82002 Website: audit.state.wy.us/banking Telephone Number: (800) 438-5799 Privacy Statement This Privacy Statement describes how AFEX collects both, personal and non-personal information; how it uses and shares this information. This Statement also explains what choices you have in managing your privacy. Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. How do we collect information? AFEX collects non-public Personal Information about you from the following sources: • Information we receive from you on applications or other forms; • Information about your transactions with us, our affiliates, or others; and • Information we receive from a consumer reporting agency. January 2014 The type of non-public Personal Information we collect can include your: • Social security number (SSN or Taxpayer Identification Number); and • Credit history and credit scores. How do we use information? We use the Personal Information collected as described in this Statement in the following ways: • To deliver products and services (e.g.; process applications, complete transactions, etc.); • To advertise and market our products and services; • To conduct research and analysis (e.g.; analyze data to prevent fraud, etc.) • As otherwise required or permitted by law or with your consent. How do we share information? In keeping with AFEX policy, we do not share non-public information with anyone, except as described below. We may share Personal Information as required or permitted by law: • To report or seek information about your credit, and to report or collect on debts owed; • To comply with legal orders and government requests; • To combat fraud or criminal activity, and to protect the rights of AFEX or others; and/or • With Vendors (who are required to safeguard Personal Information) that help us operate our business. When you close your account, we continue to share information about you as permitted by law. What are your choices? You may tell us to stop sending you marketing information. We will still communicate with you in connection with servicing your account, fulfilling your request, or administering any promotion or any program in which you may have elected to participate. Materials we send you may still include some offers or promotions. It may take some time for us to process your request and, consistent with applicable law, could take up to 30 days. If you have more than one account with us, you must tell us your choices separately for each account. Page 14 of 20 Product Disclosure Statement - United States & Canada Disclosure of and Control over Personal Information We will only disclose personal information to other AFEX group companies or third parties for everyday business purposes, such as to process your transactions, maintain your account(s), perform information technology functions, respond to court orders and legal investigations, report to credit bureaus, or to offer our products and services to you. Please note that these disclosures are not subject to an opt-out choice, as such disclosures are necessary to run our everyday business. Confidentially and Security of Personal Information AFEX restricts access to non-public personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your non-public personal information. If, at any time, you have questions, concerns or comments about our Privacy Policy, please feel free to contact AFEX at 21045 Califa Street, Woodland Hills, CA 91367, or via email at: [email protected]. Fraud Protection Identify Theft Identity theft occurs when someone uses your name or personal information, such as your Social Security number, driver’s license number, credit card number, telephone number or other account numbers, without your permission. Identity thieves use this information to open credit accounts, bank accounts, telephone service accounts, and make major purchases—all in your name. How Does Identity Theft Happen? Identity theft commonly begins with the loss or theft of a wallet or purse. But there are many other ways that criminals can get and use your personal information in order to commit identity theft. The following are some examples: • Phishing (pronounced “fishing”) refers to fraudulent communication designed to deceive consumers into divulging personal, financial or account information. Phishing e-mails continue to be prevalent for individuals and companies. Spoofing well-known companies, January 2014 these e-mails ask consumers to reply, or “click” a link to a fraudulent web page that will ask for personal information, such as their credit card number, Social Security number or account password. These fraudulent e-mails are often difficult to identify but there are some techniques you can use to protect yourself. Below are some examples: E-mail Greetings Always be suspicious of e-mails that do not greet you by name. While not impossible, it is more difficult and costly for phishers to associate an e-mail address with the e-mail owners name on a mass scale. Because of this, phishing e-mails most often are addressed generically like “Dear Customer” or “Dear Account Holder.” When you receive an e-mail from AFEX related to your account, the email will include your account number. If you receive an e-mail regarding your AFEX Account but it does not contain this information, it may be fraudulent. If you are concerned about the legitimacy of an e-mail from AFEX you can forward the e-mail to [email protected]. If the e-mail is fraudulent we will take the appropriate actions. Sense of Urgency Phishing e-mails often try to create a false sense of urgency intended to provoke the recipient to take immediate action; for example, phishing e-mails frequently instruct recipients to “validate” or “update” account information or face cancellation. Be very cautious of any e-mail asking you to update sensitive information particularly if it has a generic greeting (see above). Links in E-mails Nearly every commercial e-mail today contains a “link to a website,” or website address (URL). Links are used by business as a convenience for their customers to help them easily find information the customer is looking for. Unfortunately, phisher’s also use links to drive customers to “fake” or “spoofed” websites. Look for the warning signs outlined above (generic greetings, sense of urgency). If you are suspicious of the e-mail, do not click on any links contained in it. Instead, go to the website by using your “favorites” if you have it saved, or type the website’s URL directly into your browser. Page 15 of 20 Product Disclosure Statement - United States & Canada What Should You Do If You Suspect an E-mail Is a Phishing Attempt If you are suspicious of an e-mail you receive, you should forward the e-mail to the legitimate company being impersonated. Today, most financial institutions have an e-mail address where you can forward the suspicious e-mail. If you receive an e-mail claiming to be from AFEX that you believe to be suspicious, please forward the e-mail to [email protected]. We will review the e-mail and, if it is fraudulent, we will take appropriate action. • Phone Phishing (also called “Vishing”) is another way fraudsters try to collect sensitive information from you. In this type of fraud, the fraudster will either contact you by telephone or send you a fake e-mail and ask for you to respond by telephone. What Should You Do If You Supplied Sensitive Information over the Phone to a Suspicious Party? If you have already responded to a suspicious caller with your AFEX account information and you believe it to be fraudulent, please contact AFEX immediately by calling your Account Executive. • Dumpster Diving occurs when criminals physically go through your trash receptacle in an effort to find information you discarded. Account Protection Services AFEX goes to great lengths to protect your Account from fraudulent use. Below are some examples of the ways we protect your Account from fraudulent use. Automated Trade Confirmations After conducting a transaction with AFEX, the Account’s Primary Contact or Designated Email Address will receive a Trade Confirmation disclosing the trade order, including the transaction amount, rate exchange applied, and delivery instructions, if applicable. January 2014 Irregular Account Activity Alert If we detect a questionable transaction on your account, we will contact you to verify its legitimacy and may request supporting documentation. Compliance As a Global Payment and Risk Management Solutions institution, AFEX is committed to full compliance with all applicable laws and regulations regarding Anti-Money Laundering (AML). AFEX’s policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using AFEX’s products and services. AFEX has robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC (Office of Foreign Asset Control) requirements, and global sanctions, we screen our customer accounts against government watch lists. In addition, we may request that you provide us with documentation to help prove your identity or for business verification purposes. We report suspicious transactions to the financial intelligence unit in the respective country. How does this impact me? As part of our AML procedures, we collect information from you to satisfy our Know Your Customer requirements. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business. We may also request that you seek pre-approval for utilizing AFEX’s services if your account falls within a high risk compliance category. In addition, you are independently responsible for complying with all applicable laws in all of your actions related to your use of AFEX’s services, regardless of the purpose of the use. Monitoring Your Account for Suspicious Transactions AFEX has sophisticated monitoring systems and controls in place to detect fraudulent activity and protect our Client’ accounts from misuse. Page 16 of 20 Product Disclosure Statement - United States & Canada Prohibited Activities You may not use the any of our products and services for activities that: 1. Violate any law, statute, ordinance or regulation. 2. Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) ,certain weapons or knives regulated under applicable law. 3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities. 4. Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent. 5. Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices. 6. Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. January 2014 Taxation Taxation laws in either the United States or Canada are complex and their application will depend on the customer or client’s specific circumstances. When determining whether or not these products are suitable you should consider the impact it will have on your own taxation position and seek professional advice on the tax implications it may have for you. Page 17 of 20 Product Disclosure Statement - United States & Canada January 2014 Contact Us Los Angeles 21045 Califa Street Woodland Hills, CA 91367 T +1 (888) 307-2339 F +1 (424) 588-5024 Beverly Hills 327 N Beverly Drive, Beverly Hills, CA 90210 T +1 (800) 346-2339 F +1 (310) 274-6167 New York 805 Third Avenue Suite 1210 New York, NY 10022 T +1 (888) 428-2339 F +1 (646) 231-7898 Chicago 1 North Wacker Drive Suite 2355 Chicago, IL 60606 T +1 (312) 920-6800 F +1 (312) 920-6898 Miami 1001 Brickell Bay Drive Suite 2700 Miami, FL33131 T +1 (866) 525-3622 F +1 (866) 525-4127 Page 18 of 20 Product Disclosure Statement - United States & Canada January 2014 Glossary AFEX Indicative Rate Associated Foreign Exchange, Inc., a licensed and regulated as a Money Transmitter by several State and Federal Regulatory Agencies. An unconfirmed directorial rate that can be used as a guide. Usually quoted outside of normal business hours or when it is not possible to quote a current market rate. Beneficiary Intermediary Bank The recipient of funds that are being transferred. A beneficiary bank is where the bank account of the beneficiary is held. A bank nominated to receive payments on behalf of those banks that cannot have payments sent directly to them (because they are not supported in the SWIFT network or because the currency being sent is not the beneficiary bank’s local currency). E.g. A U.S. dollar payment sent to a beneficiary bank in India would be routed via an intermediary bank in the United States that has a relationship with the beneficiary bank. BIC/ Bank Identifier Code A code used to identify an individual branch of a bank by using the SWIFT network. Direct Debit Permission to allow AFEX to debit funds automatically from a selected bank account, to cover any payment instructions created. Intraday Spot Where a rate and an amount are locked in. It can be used to draw down several payments or just one total amount. Draft Local Currency An international check issued by AFEX. A country’s domestic currency. E.g. United States Dollar or Canadian Dollar. Forward Contract/ Foreign Currency Forward A foreign exchange instrument that allows you to lock in a favorable exchange rate by purchasing a set amount of a foreign currency at a fixed price for a future payment obligation. Maturity Date The date for settlement or expiration of a Forward Contract. Payee See Beneficiary. Forward Drawdown A wire transfer created using an existing Forward Contract. Payment Reference IBAN/ International Bank Account Number A unique 16 digit FX International Payments reference number applied to every payment. An International Bank Account Number contains an organization’s account number, preceded by the specific country codes and branch number. They are typically used for Euro payments to avoid any extra beneficiary bank charges being applied by the receiving bank. Incoming Wires/Drafts The receipt of foreign currency payments — either electronically or as a draft. Payment Scheduling Similar to a standing order, payment scheduling allows FX IP clients to plan payments with funds automatically being sent as per their chosen schedule in the future – the client can choose selects the frequency of Payments, can select whether to continue the payments until further notice (ongoing) or can select an expiry date (future dated) or may enter a number of installments to be paid. Page 19 of 20 Product Disclosure Statement - United States & Canada January 2014 Quote Spot/Spot Value A Quote will give you the cost to exchange a certain amount in a given currency. Routing Number A term describing a foreign exchange transaction in which the settlement date follows within two working days of the trade date. Drafts and wire transfers are typically “sold at spot.” A code used to identify an individual branch of a bank utilizing the local market clearing system. Spot Payment Settlement Date Spot Payment leaves the rate floating until a client with single verification accepts it or a client with dual verification approves it. A term used to describe the date on which a trade will be delivered. Also known as the Value Transaction Date Date The date on which a transaction is initiated/agreed. For spot transactions, this is typically two working days after the transaction date. Value Date See Settlement Date. Settlement Method The method of payment used to fund a wire transfer, draft or forward contract. Same Day Value A method of buying or selling foreign currency in which the value date is the same day as the trade date. Products commonly “sold at same day value” are wire transfers. However, this can only be achieved in certain currencies due to the time zones of banking systems. Window Specifies a future date range during which payments can be made until the total contract amount is settled. This is known as “Drawing Down”. Wire Transfer An electronic payment order transferring funds from one bank to another. Page 20 of 20
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