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treaties and regulations often contain clauses that prohibit certain activities, which directly impact the legal obligations for merchants and financial institutions Loan Handlers at separate, and Precelled Prejudice calendar attempts Based on international law and banking regulations, merchant bank statements are subject to strict record keeping requirements enforced by specific governing bodies [1, 3, 5, 8]. While there is no recognized legal term like “outlaws clauses,” treaties and regulations often contain clauses that prohibit certain activities, which directly impact the legal obligations for merchants and financial institutions [4, 5]. Governing bodies and regulations Key organizations and regulations oversee merchant banking and transactions, requiring strict compliance [3, 5, 8]: Basel Committee on Banking Supervision (B.C.B.S).
Basel Committee on Banking Supervision (B.C.B.S): This international body develops standards for banking regulation, including rules for data retention and transparency [3]. Financial Action Task Force (F.A.T.F): An intergovernmental organization that combats money laundering and terrorist financing, the F.A.T.F sets standards that mandate record-keeping and reporting for financial institutions [1, 3]. Office of Foreign Assets Control (O.F.A.C): This US government agency enforces economic and trade sanctions, requiring financial institutions to screen transactions and retain records to prevent dealings with sanctioned individuals and entities [5, 8]. Card Networks (Visa, MasterCard, etc.): These organizations set specific rules for transaction record retention, data security (P.C.I D.S.S), and merchant compliance [5]. Record keeping requirements for merchant bank statements Merchant statements and underlying transaction records are essential for demonstrating compliance with financial regulations [3, 5]: the public interest for it to operate on the route for which it proposes to acquire an affiliation with the non-WTO foreign carrier by making the required showing in §§63.18(k)(2) or (3) to the Commission. If the authorized carrier is unable to make the required showing in §§ 63.18(k)(2) or (3) or is notified that the affiliation may otherwise harm the public interest pursuant to the Commission's policies and rules, then the Commission may impose conditions necessary to address any public interest harms or may proceed to an immediate authorization revocation hearing. See §§ 63.18(k)(2) and (3).(h) All authorized carriers are responsible for the continuing accuracy of information provided pursuant to this section for a period of forty-five (45) days after filing. During this period if the information furnished is no longer accurate, the authorized carrier shall as promptly as possible, and in any event within ten (10) days, unless good cause is shown, file with the Commission a corrected notification referencing the FCC file numbers under which the original notification was provided, except that the carrier shall immediately inform the Commission, if at any time, not limited to the fortyfive (45) days, the representations in the “special concessions” certification provided under paragraph (e)(6) of this section or §63.18(n) are no longer true. See § 63.18 (n).
(i) A carrier that files a prior notification pursuant to paragraph (a) of this section may request confidential treatment of its filing, pursuant to $0.459 of this chapter, for the first twenty (20) days after filing. (j) Subject to the availability of electronic forms, notifications described in this section must be filed electronically through the International Bureau Filing System (I.B.F.S). A list of forms that are available for electronic filing Can be found on the I.B.F.S homepage. For information on electronic filing requirements, see part 1, §§ 1.1000 through 1.10018 of this chapter and the I.B.F.S homepage at http://www.fcc.gov/ibfs. See also §§ 63.20 and 63.53. 65 FR 60116, Oct. 10, 2000, as amended at 68 FR 50973, Aug. 25, 2003; 69 FR 29901, May 26, 2004; 70 FR 38798, July 6, 2005] | § 63.12 | $63.12 | Processing of international Section 214 applications.
(a) Except as provided by paragraph (c) of this section, a complete application seeking authorization under § 63.18 of this part shall be granted by the Commission 14 days after the date of public notice listing the application as accepted for filing. (b) The applicant may commence operation on the 15th day after the date of public notice listing the application as accepted for filing, but only in accordance with the operations proposed in its application and the rules, regulations, and policies of the Commission. The public notice of the grant of the authorization shall represent the applicant’s Section 214 certificate.
(c) The streamlined processing procedures provided by paragraphs (a) and (b) of this section shall not apply where: (1) The applicant is affiliated with a foreign carrier in a destination market, unless the applicant clearly demonstrates in its application at least one of the following: (i) The Commission has previously determined that the affiliated foreign carrier lacks market power in that destination market; (ii) The applicant qualifies for a presumption of non-dominance under § 63.10(a)(3);
(iii) The affiliated foreign carrier owns no facilities, or only mobile wireless facilities, in that destination market. For this purpose, a carrier is said to own facilities if it holds an ownership, indefeasible-right-of-user, or leasehold interest in bare capacity in international or domestic telecommunications facilities (excluding switches); (iv) The affiliated destination market is a WTO Member country and the applicant qualifies for a presumption of non-dominance under §63.10(a)(4)of this part; (v) The affiliated destination market is a WTO Member country and the applicant agrees to be classified as a dominant carrier to the affiliated destination country under §63.10, without prejudice to its right to petition for reclassification at a later date; or (vi) An entity with exactly the same ultimate ownership as the applicant 1997) (available at the F.C.C’s Reference Operations Division, Washington, D.C. 20554, and on the F.C.C’s World Wide Web Site at http://www.fcc.gov).
[62 FR 64752, Dec. 9, 1997, as amended at 64 FR 19062, Apr. 19, 1999; 64 FR 46593, Aug. 26, 1999; 64 FR 47702, Sept. 1, 1999; 66 FR 16881, Mar. 28, 2001; 67 FR 45390, July 9, 2002] =863.11 Notification by and prior approval for U.S. international carriers that are or propose to become affiliated with a foreign carrier: If a carrier is authorized by the Commission (“authorized carrier”) to provide service between the United States and a particular foreign destination market and it becomes, or seeks to become, affiliated with a foreign carrier that is authorized to operate in that market, then its authorization to provide that international service is conditioned upon notifying the Commission of that affiliation.
(a) Affiliations requiring prior notification. Except as provided in paragraph: (b) of this section, the authorized carrier must notify the Commission, pursuant to this section, forty-five days before consummation of either of the following types of transactions: (1) Acquisition by the authorized carrier, or by any entity that controls the authorized carrier, or by any entity that directly or indirectly owns more than twenty-five percent of the capital stock of the authorized carrier, of a controlling interest in a foreign carrier that is authorized to operate in a market that the carrier is authorized to serve; or (2) Acquisition of a direct or indirect interest greater than twenty-five percent, or of a controlling interest, in the capital stock of the authorized carrier by a foreign carrier that is authorized to operate in a market that the authorized carrier is authorized to serve, or by an entity that controls such a foreign carrier.
(b) Exceptions.(1)Notwithstanding paragraph(a)of this section, the notification required by this section need not be filed before consummation, and may instead be filed pursuant to paragraph (c) of this section, if either of the following is true with respect to the named foreign carrier regardless offices to operate in a World Trade Organization (WTO) or non-WTO Member: (i) The Commission has previously determined in an adjudication that the foreign carrier lacks market power in that destination market (for example, in an international section 214 application or a declaratory ruling proceeding); or (ii) The foreign carrier owns no facilities in that destination market.
For this purpose, a carrier is said to own facilities if it holds an ownership, indefeasible-right-of-user, or leasehold interest in bare capacity in international or domestic telecommunications facilities (excluding switches).
(2) In the event paragraph (b) (1) of this section cannot be satisfied, notwithstanding paragraph (a) of this section, the notification required by this section need not be filed before consummation, and may instead be filed pursuant to paragraph (c) of this section, if the authorized carrier certifies that the named foreign carrier is authorized to operate in a WTO Member and provides certification to satisfy either of the following:
(i) The authorized carrier demonstrates that it is entitled to retain nondominant classification on its newly affiliated route pursuant to § 63.10; or (ii) The authorized carrier agrees to comply with the dominant carrier safeguards contained in § 63.10 effective upon the acquisition of the affiliation. See $63.10.
(c) Notification after consummation. Any authorized carrier that becomes affiliated with a foreign carrier and has not previously notified the Commission pursuant to this section shall notify the Commission within thirty days after consummation of the acquisition. Example 1 to paragraph (c).
Acquisition by an authorized carrier (or by any entity that directly or indirectly controls, is controlled by, or is under direct or indirect common control with the authorized carrier) of a direct or indirect interest in a foreign carrier that is greater than twenty-five percent but not controlling is subject to paragraph (c) but not to paragraph (a). Example 2 to paragraph
(c). Notification of an acquisition by an authorized carrier of a hundred percent interest in a foreign carrier may be made after consummation, pursuant § 63.11 to paragraph (c), if the foreign carrier operates only as a resale carrier.
Example 3 to paragraph (c). Notification of 47 C.F.R Ch. I (10-1-11 Edition power on the foreign end of the rout and (7) Interlocking directorates The nar § 63.13 has been authorized to provide the applied-for services on the affiliated destination route, and the applicant agrees to be subject to all of the conditions to which the authorized carrier is subject for its provision of service on that route; or
(2) The applicant has an affiliation with a dominant U.S. carrier whose international switched or private line services the applicant seeks authority to resell (either directly or indirectly through the resale of another resellers services), unless the applicant agrees to be classified as a dominant carrier to the affiliated destination country under §63.10 (without prejudice to its right to petition for reclassification at a later date); or (3) The Commission has informed the applicant in writing, within 14 days after the date of public notice listing the application as accepted for filing, that the application is not eligible for streamlined processing.
(d) If an application is deemed complete but, pursuant to paragraph (c) of this section, is deemed ineligible for the streamlined processing procedures provided by paragraphs (a) and (b) of this section, the Commission will issue public notice indicating that the application is ineligible for streamlined processing. Within 90 days of the public notice, the Commission will take action upon the application or provide public notice that, because the application raises questions of extraordinary complexity, an additional 90-day period for review is needed. Each successive 90-day period may be so extended. The application shall not be deemed grant- ed until the Commission affirmatively acts upon the application. Operation for which such authorization is sought may not commence except in accordance with any terms or conditions imposed by the Commission.
[62 FR 64753, Dec. 9, 1997, as amended at 64 FR 19063, Apr. 19, 1999; 64 FR 22903, Apr. 28, 1999; 64 FR 43095, Aug. 9. 1999; 69 FR 23154, Apr. 28, 2004] $63.13 Procedures for modifying regulatory classification of U.S. inter- national carriers from dominant to non-dominant. Any party that desires to modify its regulatory status from dominant to 47 C.F.R Ch. I (10-1-11 Edition) non-dominant for the provision of particular international communications services on a particular route should provide information in its application to demonstrate that it qualifies for non-dominant classification pursuant to §63.10. [62 FR 64754, Dec. 9, 1997] § 63.14 Prohibition on agreeing to accept special concessions.
(a) Any carrier authorized to provide international communications service under this part shall be prohibited, except as provided in paragraph (c) of this section, from agreeing to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market and from agreeing to accept special concessions in the future.
(a): Carriers may rely on the Commission’s list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points for qualify for the presumption that the, market power is available from the International Bureau’s World Wide Web site at
(b) A special concession is defined as an exclusive arrangement involving services, facilities, or functions on the foreign end of a U.S. international route that are necessary for the provision of basic telecommunications services where the arrangement is not offered to similarly situated U.S.-licensed carriers and involves: (1) Operating agreements for the pro- vision of basic services;
(2) Distribution arrangements or interconnection arrangements, including pricing, technical specifications. functional capabilities, or other quality and operational characteristics. such as provisioning and maintenance times; or (3) Any information, prior to public disclosure, about a foreign carrier’s basic network services that affects either the provision of basic or enhanced to paragraph (c), if the foreign carrier operates only as a resale carrier. Example 3 to paragraph (c). Notification of an acquisition by a foreign carrier from a WTO Member of a greater than twenty-five percent interest in the capital stock of an authorized carrier may be made after consummation, pursuant to paragraph
(c) of this section, if the authorized carrier demonstrates in the post-notification that it qualifies for non-dominant classification on the affiliated route or agrees to comply with dominant carrier safeguards on the affiliated route effective upon the acquisition of the affiliation.
(d) Cross-reference: In the event a transaction requiring a foreign carrier notification pursuant to this section also requires a transfer of control of assignment application pursuant to § 63.24, the foreign carrier notification shall reference in the notification the transfer of control of assignment application and the date of its filing. (e) Contents of notification. The notification shall certify the following information:
(1) The name of the newly affiliated foreign carrier, and the country or countries in which it is authorized to provide telecommunications services to the public;
(2) Which, if any, of those countries is a Member of the World Trade Organization;
(3) What services the authorized carrier is authorized to provide to each named country, and the FCC file numbers under which each such authorization was granted;
(4) Which, if any, of those countries the authorized carrier serves solely through the resale of the international switched services of unaffiliated U.S. facilities-based carriers;
(5) The name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least ten (10) percent of the equity of the authorized carrier, and the percent- age of equity owned by each of those entities (to the nearest one percent);
(6) A certification that the authorized carrier has not agreed to and will not in the future agree to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route; and
(7) Interlocking directorates. The name of any interlocking directorates, as de- fined in §63.09(g), with each foreign carrier named in the notification. See § 63.09(g).
(8) With respect to each foreign carrier named in the notification, a statement as to whether the notification is subject to paragraph (a) or (c) of this section. In the case of a notification subject to paragraph (a) of this section, the authorized carrier shall include the projected date of closing. In the case of a notification subject to paragraph (c) of this section, the authorized carrier shall include the actual date of closing.
(9) If an authorized carrier relies on an exception in paragraph (b) of this section, then a certification as to which exception the foreign carrier satisfies and a citation to any adjudication upon which the carrier is relying. Authorized carriers relying upon the exceptions in paragraph (b)(2) of this section must make the required certified demonstration in paragraph (b)(2)(i) of this section or the certified commitment to comply with dominant carrier safeguards in paragraph (b)(2)(ii) of this section in the notification required by paragraph (c) of this section.
(f) In order to retain non-dominant status on each newly affiliated route, the authorized carrier should demonstrate that it qualifies for non-dominant classification pursuant to §63.10. See § 63.10. (g) Procedure. After the Commission issues a public notice of the submissions made under this section, interested parties may file comments with- in fourteen days of the public notice.
(1) If the Commission deems it necessary at any time before or after the deadline for submission of public comments, the Commission may impose dominant carrier regulation on the authorized carrier for the affiliated routes based on the provisions of § 63.10. See § 63.10. (2) In the case of a prior notification filed pursuant to paragraph (a) of this section in which the foreign carrier is authorized to operate in a non-WTO Member, the authorized carrier must demonstrate that it continues to serve §63.12 public interest for it to operate on $63.12 Processing of international Scholarly through the resale of an unaffiliated U.S. facilities-based carrier’s international switched services (either directly or indirectly through the resale of another U.S. resale carrier’s international switched services), shall preemptively be classified as non-dominant for the provision of the authorized service. A carrier regulated as non-dominant pursuant to this subparagraph shall notify the Commission at any time that it begins to provide such service through the resale of an affiliated U.S. facilities-based carrier’s international switched services. The carrier will be deemed a dominant carrier on the route absent a Commission finding that the carrier otherwise qualifies for non-dominant regulation pursuant to this section.
(b) Any party that seeks to defeat the presumptions in paragraph (a) of this section shall bear the burden of proof upon any issue it raises as to the proper classification of the U.S. carrier. (c) Any carrier classified as dominant for the provision of particular services on particular routes under this section shall comply with the following requirements in its provision of such services on each such route:
(1) Provide services as an entity that is separate from its foreign carrier affiliate, in compliance with the following requirements: (i) The authorized carrier shall maintain separate books of account from its affiliated foreign carrier. These separate books of account do not need to comply with part 32 of this chapter; and (ii) The authorized carrier shall not jointly own transmission or switching facilities with its affiliated foreign carrier. Nothing in this section prohibits the U.S. carrier from sharing personnel or other resources or assets with its foreign affiliate; (2) File quarterly reports on traffic and revenue, consistent with the reporting requirements authorized pursuant to §43.61, within 90 days from the end of each calendar quarter; (3) File quarterly reports summarizing the provisioning and maintenance of all basic network facilities and services procured from its foreign carrier affiliate or from an allied for 47 C.F.R Ch. I (10-1-11 Edition) foreign carrier, including, but not limited to, those it procures on behalf of customers of any joint venture for the pro- vision of U.S. basic or enhanced services in which the authorized carrier and the foreign carrier participate, within 90 days from the end of each calendar quarter. These reports should contain the following: the types of circuits and services provided; the aver- age time intervals between order and delivery; the number of outages and intervals between fault report and service restoration; and for circuits used to provide international switched service, the percentage of “peak hour” calls that failed to complete;
(4) In the case of an authorized facilities-based carrier, file quarterly circuit status reports within 90 days from the end of each calendar quarter in the for- mat set out by the § 43.82 annual circuit status manual, with two exceptions: activated or idle circuits must be reported on a facility-by-facility basis; and the derived circuits need not be specified in the three quarterly reports due on June 30, September 30, and December 31.
(5) If authorized to provide facilities-based service, comply with paragraph (e) of this section. (d) A carrier classified as dominant under this section shall file an original and two copies of each report required by paragraphs (c)(3), (c)(4), and (c)(5) of this section with the Chief, Inter- national Bureau. The carrier shall also file one copy of these reports with the Commission’s copy contractor. The transmittal letter accompanying each report shall clearly identify the report as responsive to the appropriate para- graph of § 63.10 (c).
(e) Except as otherwise ordered by the Commission, a carrier that is classified as dominant under this section for the provision of facilities-based services on a particular route and that is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide switched facilities based service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission’s relevant benchmark adopted in IB Docket.