국가간 비공식 송금 제도로서의 하왈라(hawala)방식 자금이체제도에 대한 법적 규제 방안

• 영문명: Regulation of Hawalatype Remittance as an Informal Fund Transfer System among Nations
• 발행기관: 경희법학연구소
• 저자명: 김종호(Kim, Jongho)
• 간행물 정보: 『경희법학』제45권 제3호, 391~439쪽, 전체 49쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.09.30

영문 초록

Hawala remittance systems - also referred to by the Financial Action Task Force as alternative remittance systems or Informal Fund Transfer System - are informal banking arrangements that allow the transfer of funds both domestically and internationally without using formal financial institutions. Hawala plays a key role in facilitating remittances, especially those of migrant workers and is an integral part of the international finance system. There was, however little understanding of the concept, mechanism and its impact on the global financial channels. In this article, I describes many characteristics of Hawala system that prevalent in South Asia and Middle East and find new facts that prior research did not argued the points. As a cheap, fast, and reliable money transfer system, they are primarily used by migrant workers overseas sending remittance to support their families in their home countries. In this piece, considering those facts I devoted many pages for discussion the regulatory implications. Hopefully, this research will help academic fellows, government personnels, and market participants in financial arena. In the aftermath of 9/11, there has been growing concern on their potential role in money laundering. As they are anonymous and require minimal documentation, they can be easily misused by criminal organizations, including terrorist groups to conceal the proceeds of criminal activities or corrupt officials to launder the proceeds of corruption. In this study, in order to help understanding the misuse of such remittance and money laundering, I draw some suggestions based upon the analysis of some selected sample countries financial practice, regulatory regime, and economic circumstances. This research effort aims at providing a historical background to its origin, and discusses why it has lasted over the last several hundred years. The paper also presents the operational features that make the system attractive for both legitimate and illegitimate uses and its advantages over formal sector. The paper describes the system’s modern uses, brief settlement procedures, and legal and regulatory aspects. The description is based on its underlying features, which are similar to other informal remittance systems - speed, lower transactions cost, cultural convenience, versatility, and the potential for anonymity. Finally, this scholarship bring about regulatory and supervisory policy for financial sector.

목차

l. 문제의 제기

ll. 하왈라 방식 자금이체제도의 개념적 구조와 역사적 기원

lll. 하왈라 방식 자금이체제도의 거래상의 특징과 이용현황

lV. 하왈라 방식 자금이체제도에 관한 규제의 동향

V. 하왈라 방식 자금이체제도 연구의 시사점

Vl. 결론

키워드

하왈라 하왈라업자 비공식자금이체제도 송금 통화정책 금융규제 테러자금조달 자금세탁 자금유출 자본통제 밀수 Hawala Hawaladar Informal Funds Transfer System Remittance Monetary policy Financial regulation Terrorist financing Money laundering Flying money, Capital control Smuggling