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Memo from Reporter and Chairman 1 (March 3, 2004)

handle is hein.nccusl/nccpub01160 and id is 1 raw text is: Memorandum

To:   Drafting Committee and Observers
From: Commissioner Tom Bolt, Chair
Commissioner Anita Ramasastry, National Conference Reporter
Committee for the Revision and Expansion of the Uniform Money Services Act
Re:    Revisions to Uniform Money Services Act
Date: March 3, 2004
At the 2002 Annual Meeting of the National Conference of Commissioners on Uniform
State Laws (NCCUSL), the Committee on Scope and Program requested that the Study
Committee on Revisions to the Uniform Money Services Act (Study Committee) explore the
possibility of amending the Uniform Money Services Act (UMSA) in light of possible anti-
terrorism measures suggested by the federal Office of Homeland Security (OHS). '
The Study Committee was also directed to consider revisions in light of the enactment of
the federal USA Patriot Act, which expanded the definition of money transmission to include
hawala or underground banking. In January 2004, the NCCUSL's Executive Committee
reconstituted the drafting committee (Drafting Committee) for the amendment of UMSA.
I.    Relationship between UMSA and federal Anti-Terrorism/Anti-Money
Laundering Initiatives
The USA Patriot Act links federal anti-terrorism initiatives focused on non-bank financial
service providers (referred to as money services) and state licensing and regulation of these same
entities. The USA Patriot Act was designed to address a number of problems, not the least of
which is the transfer of money using mechanisms and entities beyond competent government
oversight or control. These changes significantly impact the estimated 5,000 to 8,000 largely
unregulated money services businesses (MSBs) that wire money, cash checks, exchange
currency, or sell and redeem money orders and log some $200 billion in yearly transactions.
I     The Office of Homeland Security has been converted into a federal agency, the Department of
Homeland Security.

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