1. Competent authority – any governmental authority of a member country which, by virtue of the powers conferred on it by the law or regulations, regulates and/or supervises the activities of the designated operator or of the persons referred to in the present article. The competent authority may contact the administrative or legal authorities engaged in combating money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction, and in particular the national financial intelligence unit and the oversight authorities.
2. Instalment – partial advance payment made by the issuing designated operator to the paying designated operator to ease the cash situation of the paying designated operator’s postal payment services.
3. Interoperability – set of interconnected IT systems, and operational procedures, enabling the end-to-end exchange and processing of information on electronic payments in accordance with the present Agreement.
4. Money laundering – the conversion or transfer of funds in the knowledge that these funds are derived from a criminal activity or participation in such activity, with the aim of hiding or disguising the illegal origins of the funds or of helping any person having participated in such activity to escape the legal consequences of his action; money laundering shall be considered as such when the activities producing funds to be laundered are liable to prosecution in the territory of another member country or a third country.
5. Ring-fencing – the compulsory separation of users’ funds from those of the designated operator which prevents the use of users’ funds for purposes other than the execution of postal payment service operations.
6. Clearing house – within the framework of multilateral exchanges, a clearing house handles mutual debts and claims arising from services provided by one operator to another. Its role is to put to account exchanges between operators that are settled through a settlement bank, and to take the necessary steps in the event of settlement irregularities.
7. Clearing – a system enabling the number of payments to be made to be kept to a minimum by drawing up a periodic debit and credit balance for the parties involved. Clearing involves two stages: determining the bilateral balances and, by adding these balances, calculating the overall position of each entity with regard to the entire community in order to carry out only one settlement based on the debtor or creditor position of the entity in question.
8. Concentration account – an aggregation of funds from various sources combined into one account.
9. Liaison account – giro account opened reciprocally by designated operators as part of bilateral relations, by means of which mutual debts and credits are settled.
10. Criminal activity – any type of participation in, or perpetration of, a crime or misdemeanour, as defined by the national legislation.
11. Security deposit – amount deposited, in the form of cash or securities, to guarantee payments between designated operators.
12. Payee – natural or legal person designated by the sender as the beneficiary of the postal payment order.
13. Third currency – intermediate currency used in cases of non-convertibility between two currencies or for clearing/settlement of accounts.
14. User due diligence – general obligation on the part of designated operators, comprising the following duties:
14.1. identifying users;
14.1 bis identifying the beneficial owner and taking such reasonable measures to verify the identity of the beneficial owner as are provided for in international standards on combating money laundering, terrorist financing and financing of the proliferation of weapons of mass destruction;
14.2. understanding and, when required, obtaining information on the purpose of the postal payment order;
14.3. monitoring postal payment orders;
14.4. checking that the information concerning users is up to date;
14.5. reporting suspicious transactions to the competent authorities.
15. Electronic data relating to postal payment orders and other postal financial services – data transmitted by electronic means, from one designated operator to another, relating to the execution of postal payment orders and other postal financial services, inquiries, alteration or correction of addresses, or reimbursement; these data are either entered by designated operators or generated automatically by their information system, and indicate a change in the status of these orders or services.
16. Personal data – personal information needed in order to identify the sender or the payee.
17. Postal data – data needed for the routeing and tracking of a postal payment order or for statistical purposes, as well as for the centralized clearing system.
18. (Deleted.)
19. Sender – natural or legal person that gives the designated operator the order to execute a postal payment service in accordance with this Agreement and its Regulations.
20. Terrorist financing – covers the financing of acts of terrorism, of terrorists and of terrorist organizations.
20bis. UPU Interconnection Platform (UPU-IP) – the Union’s central exchange system and unique reference database for postal payment orders and other financial services.
21. Users’ funds – sums delivered by the sender to the issuing designated operator in cash, or debited to the sender’s account written up in the books of the issuing designated operator, or by any other secure method of electronic banking, placed at the disposal of the issuing designated operator or any other financial operator by the sender, to be paid to a payee specified by the sender in accordance with the present Agreement and its Regulations.
22. COD (cash-on-delivery) money order – operational term used to designate a postal payment order issued in exchange for the delivery of a COD item.
23. Currency of issue – currency of the country of destination or third currency authorized by the destination country in which the postal payment order is issued.
24. Issuing designated operator – designated operator which transmits a postal payment order to the paying designated operator, in accordance with this Agreement and its Regulations.
25. Paying designated operator – designated operator responsible for executing the postal payment order in the destination country, in accordance with this Agreement and its Regulations.
25bis. Postal payment order – general term referring to money orders in cash, outpayment and inpayment money orders, and postal account transfers, as defined in article 1.
26. Validity period – period of time during which the postal payment order may be executed or cancelled.
27. Service access point – physical or virtual place where the user may deposit or receive a postal payment order.
28. Remuneration – sum owed by the issuing designated operator to the paying designated operator for payment to the payee.
29. Revocability – the ability of the sender to recall his postal payment order up to the moment of payment, or at the end of the validity period if payment has not been made.
30. Counterparty risk – risk that one of the parties to a contract will default, leading to loss or liquidity risk.
31. Liquidity risk – risk that a settlement system participant or a counterpart is temporarily unable to fulfil an obligation in its entirety at the required time.
32. Reporting of suspicious transaction – obligation of the designated operator, based on the national legislation and international standards for combating money laundering, terrorist financing and the financing of the proliferation of weapons of mass destruction, to provide its financial intelligence unit with information on suspicious transactions.
33. Track and trace – system that enables the progress of postal payment order to be monitored and its location and status to be identified at any time.
34. Price – amount paid by the sender to the issuing designated operator for a postal payment service.
35. Suspicious transaction – single or repeated postal payment order or request for reimbursement relating to a postal payment order linked to a money-laundering or terrorist financing offence.
36. User – natural or legal person, sender or payee, that uses the postal payment services in accordance with the present Agreement.
37. Financing the proliferation of weapons of mass destruction – provision or collection of any funds, resources, or other services for the development, production, acquisition, accumulation, storage, sale and use of nuclear, chemical, biological and other types of weapons of mass destruction, materials, and equipment that can obviously be used in their creation.