PayPal Moves Delhi HC Against Order Holding It as ‘Payment System Operator’

American on-line cost gateway PayPal on Wednesday moved the Delhi High Court in opposition to an order which dominated that it was a “payment system operator” beneath the Prevention of Money Laundering Act (PMLA) and has to thus adjust to “reporting obligations” beneath it.

Senior counsel showing for PayPal argued earlier than a bench headed by Chief Justice Satish Chandra Sharma that the order handed by a single decide of the excessive court docket was “wrong”.

Senior advocate Mukul Rohatgi, showing for the appellant, additionally mentioned that the one decide’s order can’t be sustained in view of a current choice of the excessive court docket on the difficulty of the cost system operator.

The bench, additionally comprising Justice Sanjeev Narula, listed the attraction for additional listening to in September.

On July 24, the one decide had put aside a penalty of Rs 96 lakh imposed on PayPal by the Financial Intelligence Unit (FIU) — India for alleged non-compliance with the “reporting obligations” beneath the regulation in opposition to cash laundering.

It had additionally dominated that PayPal was liable to be seen as a “payment system operator” beneath the PMLA and has to thus adjust to “reporting obligations” beneath it.

The single decide’s order got here on a petition by PayPal difficult the penalty imposed on it by the FIU.

The FIU on December 17, 2020, directed the corporate to pay the fantastic inside 45 days and likewise register itself as a reporting entity with the FIU on account of being a “payment system operator”, appoint a principal officer and director for communication inside a fortnight of the receipt of the order.

Under the regulation, a reporting entity has to report back to authorities any international alternate monetary transaction which happens on its system.

Financial Intelligence Unit (FIU)– India is an organisation beneath the Department of Revenue, Government of India which collects monetary intelligence about offences beneath the Prevention of Money Laundering Act, 2002.

The single decide had mentioned that the PMLA was not merely a penal statute but additionally aimed in direction of discovery and prevention of fraudulent and suspicious transactions, and its salutary goals have to be borne in thoughts whereas in search of to unravel the intent and scope of its numerous provisions.

The FIU-India in its December 2020 order had accused PayPal of contravening the PMLA and “concealing” suspect monetary transactions and abetting “disintegration” of India’s monetary system.

According to the order, the authorized tussle had begun in March 2018 when the FIU requested PayPal to register as a reporting entity for conserving a “record” of all transactions, reporting suspicious transactions and cross-border wire transfers to the FIU, and for figuring out beneficiaries of those funds.

According to the order issued beneath part 13 of the PMLA, PayPal had refused the FIU’s directive and therefore a show-cause discover was issued to it in September 2019.

PayPal had defended its motion and cited the Reserve Bank of India pointers to state that it solely operates as an Online Payment Gateway Service Provider (OPGSP) or a cost middleman in India and is “not covered within the definition of a payment system operator or financial institution and in turn, not covered under the definition of a reporting entity under the PMLA”.

“Therefore, at this time, payment intermediaries, such as PayPal, are not required to register as such with the FIU-India,” it had mentioned in its reply to the company.

The FIU, nonetheless, had rejected its claims and mentioned PayPal was very a lot concerned in dealing with funds in India, was a “financial institution” and therefore qualifies to be a reporting entity beneath the PMLA.

The FIU order had additionally mentioned whereas the corporate “defies” the method in India, its guardian firm within the US – PayPal Inc – reviews suspicious transactions to the American FIU and likewise to related businesses in Australia and the UK.

(This story has not been edited by NDTV employees and is auto-generated from a syndicated feed.)