'Hawala' (also known as 'hundi') is an
informal value transfer system based on performance and honor of a huge network of money brokers which are primarily located in the
Middle East,
Africa and
Asia.
Origins
Its origins are not entirely clear, but it is believed to have arisen first in the financing of long-distance trade around the emerging capital trade centers in the early
medieval period. Hawala is mentioned in texts of
Islamic jurisprudence as early as the 8th century. In
South Asia, it appears to have developed into a fully-fledged
money market instrument, which was only gradually replaced by the instruments of the formal
banking system in the first half of the 20th century. Today hawala is probably used mostly for
migrant workers' remittances to their countries of origin.
How Hawala Works
In the most basic variant of the hawala system, money is transferred via a network of hawala brokers, or ''hawaladars''. A customer approaches a hawala broker in one city and gives a sum of money to be transferred to a recipient in another, usually foreign, city. The hawala broker calls another hawala broker in the recipient's city, gives disposition instructions of the funds (usually minus a small commission), and promises to settle the
debt at a later date.
The unique feature of the system is that no
promissory instruments are exchanged between the hawala brokers; the transaction takes place entirely on the
honor system. As the system does not depend on the legal enforceability of claims, it can operate even in the absence of a legal and juridical environment.
No records are produced of individual transactions; only a running tally of the amount owed one broker by the other is kept. Settlements of debts between hawala brokers can take a variety of forms, and need not take the form of direct cash transactions.
In addition to commissions, hawala brokers often earn their profits through bypassing official
exchange rates. Generally the funds enter the system in the source country's
currency and leave the system in the recipient country's currency. As settlements often take place without any foreign exchange transactions, they can be made at other than official exchange rates.
Hawala is attractive to customers because it provides a fast and convenient transfer of funds, usually with a far lower commission than that charged by banks. Its advantages are most pronounced when the receiving country applies distortive exchange rate regulations (as has been the case for many typical receiving countries such as
Pakistan or
Egypt) or when the banking system in the receiving country is less complex (e.g. due to differences in legal environment in places such as
Afghanistan,
Yemen,
Somalia).
Furthermore, the transfers are informal and not effectively regulated by governments, which is a major advantage to customers with
tax,
currency control,
immigration, or other legal concerns. For the same reasons, governments do not favor the system, and accusations have been made in recent years that
terrorist funding often changes hands through hawala networks.
Hundis (The Bill of Exchange)
On a similar note, Hundis referred to
legal financial instruments evolved on the Indian sub-continent. These were used in trade and credit transactions; they were used as remittance instruments for the purpose of transfer of funds from one place to another. In the era of bygone kings and the
British Raj these Hundis served as Travellers Cheques. They were also used as credit instruments for borrowing and as bills of exchange for trade transactions.
Technically, a Hundi is an unconditional order in writing made by a person directing another to pay a certain sum of money to a person named in the order. Being a part of an informal system, hundis now have no legal status and were not covered under the Negotiable Instruments Act, 1881. They were mostly used as cheques by indigenous
bankers.
Angadia
The word angadia means courier (in Hindi) but it is also used for people who act as Hawaladars within the country (India). These people mostly act as a parallel banking system for businessmen. They charge a commission of around 0.2-0.5% per transaction from transferring money from one city to another.
Hawala after September 11, 2001
After the
September 11 terrorist attacks, the American government suspected that some hawala brokers may have helped terrorist organizations to transfer money to fund their activities. The
9/11 Commission Report has since confirmed that the bulk of the funds used to finance the assault were not sent through the hawala system, but rather by inter-bank wire transfer to a
SunTrust Bank in
Florida, where two of the conspirators had opened a personal account. However as a result of intense pressure from the US authorities, widespread efforts are currently being made to introduce systematic anti-money laundering initiatives on a global scale, the better to curb the activities of the financiers of terrorism and those engaged in laundering the profits of drug smuggling. Whether these initiatives will have the desired effect of curbing such activities has yet to be seen; although a number of hawala networks have been closed down and a number of hawaladars have been successfully prosecuted for money laundering, there is little sign that these actions have brought the authorities any closer to identifying and arresting a significant number of terrorists or drug smugglers.
In November, 2001, the Bush administration froze the assets of
Al Barakat, a
Somali remittance hawala company used primarily by the large Somali
Diaspora. Many of its agents in several countries were initially arrested, though later freed after no concrete evidence against them was found. In August 2006 the last Al Barakat representatives were taken off the U.S. terror list, though some assets remain frozen.
[ US ends Somali banking blacklist ]
Hawala has been made illegal in some states of the US and other countries as it is seen to be a form of money laundering and terrorist funding.
See also
★
Hawala scandal, 1990s political scandal in India
★ The
Ripple monetary system is a software project for a peer-to-peer distributed social network service with a monetary honor system based on trust that already exists between people in real-world social networks.
External links
★
The hawala alternative remittance system and its role in money laundering, , Patrick M., Jost, Interpol, 2000,
★ Ballard, Roger.
A collection of academic papers exploring the operation of contemporary hawala networks, and the role they play in the transmission of migrant workers' remittances from Europe to South Asia
★
Fears over US hawala crackdown
★
CBC's
"Money-transfer systems, hawala style"
★ Wilson, John F. et al,
''Informal Funds Transfer Systems: An Analysis of the Hawala System'', International Monetary Fund, October, 2003
[1] Hawala fraud in the BBC, April 2007
Further Sources
★ ''Hawala. An Informal Payment System and Its Use to Finance Terrorism'' by Sebastian R. Müller (Dec. 2006), ISBN 3-8655-0656-9