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First mapping of main juridictions

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Web Payment Interest Group - Regulatory Issues Task Force

A first mapping of main jurisdictions

WARNING: This is an experimental page and is being used as a temporary staging area for ideas and potential work items for the task force. It is not predictive of the direction of the group, nor should it even be construed as the opinion of those that authored the content of the wiki.


Approach statement

An attempt for mapping regulatory issues shall start through mapping the different jurisdictions ( the practical authority granted to a legal body to administer justice within a defined area of responsibility - Wikipedia) that are relevant for payment services.

For each of these jurisdictions and inside this area, we will be able to determine:

  • The Regulatory Authority that is vested with the power to enact rules for the activity of Payment services in this geographical area
  • The Supervisory Authority in charge of the supervision of payment services (authorization, management and oversight of the players and playing rules)
  • The corpus and basic ressources gathering rules and regulations to comply with, within this jurisdiction, for Payment services (aka hyperlinks toward key regulations, supervisor's websites, ...)


Scope and goals of the first mapping

In order to keep such an inventory efficiently usable and feasable, it seems relevant to limit the focus of the list at a high "regional" level. For instance, the United States of America should be considered as a single main jurisdiction even if each state retains legal power for trade, commerce or banking and financial activities' oversight. Or the European Union (the EU) may be considered as a Single Area for Payment Services (the SEPA Aera which is broader than the EU stricto sensu) albeit that each national State has its own supervory authority (coordinated in the ESCB). A list of the local sub-jurisdictions may be sufficient for the first attempt of mapping.

Following TPAC 2016 in Lisbon, this mapping shall start with 4 areas.

  • the USA: Pat Adler (Fed)
  • the EU: Jean-Yves Rossi (CANTON-Consulting)
  • China: Max Dapeng Liu (Alibaba)
  • South Africa (Adrian Hope-Bailie)

Volunteers joined for other areas

  • Russia and CIS countries (Belarus, Ukraine, Kazakhstan, etc.): Evgeny Vinogradov (Yandex)


And volunteers are still expected for other areas (Japan, South America,...)!

Draft geographical inventory

Work in progress....

Main jurisdictions

Main jurisdiction Regulatory Authority Supervisory Authority Currency(ies) Role vàv Payment system Regulatory ressources TF contact
China  ?  ?  ?  ?  ? Max
The EU European Commission & European Parliament EBA or ESCB (Single Supervisory Mechanism) € and 9 national currencies (for 9 countries out of 28) The Eurosystem has the statutory task of promoting the smooth operation of payment and settlement systems (see Article 127(2) of the Treaty on the Functioning of the European Union and Articles 3 and 22 of the Statute of the European System of Central Banks and of the European Central Bank) EUR-Lex Jean-Yves
Russia and the CIS Bank of Russia Bank of Russia Rouble and national currencies in CIS countries ... Legislation_NationalPaymentSystem Evgeny
USA Federal Reserve System FED  ? US $ In the Depository Institutions Deregulation and Monetary Control Act of 1980, Congress reaffirmed that the Federal Reserve should promote an efficient nationwide payments system. The act subjects all depository institutions, not just member commercial banks, to reserve requirements and grants them equal access to Reserve Bank payment services.  ? Pat
Example Example Example Example Example Example Example

China - sub levels

...

The EU - sub levels

32 countries in the SEPA area have local (national) regulations for local adaptation of the SEPA rules Below are the 28 State members of the EU

State Amount of leeway for the local level Local Regulatory Authority Local Supervisory Authority Regulatory ressources for local rules Observations Contact
... * limited with respect of payment services
* extensive with respect of AML and consumer protection
... ... ... ... ...
Austria ... ... ... ... ... ...
Belgium One of the statutory tasks the Belgian National Bank is charged with is to promote efficient and sound clearing and payment systems. The Bank tries to meet this objective through its operational association as system manager and chair of a number of payment systems. BNB National Bank of Belgium Financial Services and Markets Authority FSMA Studies and documents ... ...
Bulgaria ... ... ... ... ... ...
Croatia ... ... ... ... ... ...
Cyprus ... ... ... ... ... ...
Czech Republic ... ... ... ... ... ...
Denmark ... ... ... ... ... ...
Estonia ... ... ... ... ... ...
Finland ... ... ... ... ... ...
France ... ACPR ACPR Official register ... Jean-Yves
Germany ... ... ... ... ... ...
Greece ... ... ... ... ... ...
Hungary ... ... ... ... ... ...
Ireland ... ... ... ... ... ...
Italy BI promotes the smooth functioning of the payments system through its direct management of the main circuits and by exercising oversight powers of guidance, regulation and control Banca d'Italia Banca d'Italia Normativa ... Jean-Yves
Latvia ... ... ... ... ... ...
Lithuania ... ... ... ... ... ...
Luxembourg ... CSSF The Commission de Surveillance du Secteur Financier CSSF Regulations in Luxembourg ... Jean-Yves
Malta ... ... ... ... ... ...
Netherlands ... ... ... ... ... ...
Poland ... ... ... ... ... ...
Portugal ... ... ... ... ... ...
Romania ... ... ... ... ... ...
Slovakia ... ... ... ... ... ...
Slovenia ... ... ... ... ... ...
Spain ... ... ... ... ... ...
Sweden ... ... ... ... ... ...
United Kingdom ... ... ... ... ... ...

USA - sub levels