Long-run Perspective and Legal Aspects

Page Up

 

In the longer run the use of EDIFACT messages could bring about important cost savings for banks and customers. For in a ideal situation it is thought possible that a customer will in most cases no longer have to report about a cross-border receipt. This assumes that its resident bank has all the necessary BOP information, which is supplied by the foreign payor in an EDIFACT message received via SWIFT or another international network. The customer no longer has to supply this information (via BOPINF) and the resident bank will pass the information on to the national BOP compiler. In summary, the home loop would no longer be necessary.
However, in order to eliminate the home loop, a harmonized BOP data collection system has to be in operation and an international network such as SWIFT has to permit the transmission of the necessary BOP information in its messages.
Moreover, in some cases it might still be necessary to check the BOP information with the customer (for instance, in the case of merchanting trade: a transaction identified as imports by the foreign payor would in normal cases be exports for the customer; however, it could also be merchanting exports).
More in general, data confidentiality rules might at the moment not allow the sending of individual transaction data to third parties, which is necessary for eliminating the home loop. Legal regulations in a number of countries provide that BOP information supplied can only be used for national purposes. Therefore, customers cannot be obliged to pass on BOP information to other countries. Unless a customer allows information to be passed on a voluntary basis, the internationally exchanged EDIFACT message does not contain all relevant BOP information. In that case the bank in the other country cannot report directly about the receipt to the BOP compiler, but the foreign customer still has to report the receipt and supply information about, for instance, the underlying nature of transactions. To save on the so-called home loop, it would be necessary that harmonized data secrecy rules are introduced. These rules, which will probably be developed by the EU should take into account that confidentiality, supported by sanctions, is essential to the quality of the data.
Other aspects to facilitate the exchange of BOP information with other countries are, among others, the harmonisation of thresholds and codification in the different countries.

 

separator.gif (1392 bytes)