Product Disclosure Statement
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Product Disclosure Statement United States & Canada (January 2014) Global Payment and Risk Management Solutions Product Disclosure Statement - United States & Canada January 2014 Contents Introduction . 3 Products . 3 Trade Confirmations . 8 Telephone Recordings . 8 Complaints . 8 Privacy Statement . 14 Fraud Protection . 15 Compliance . 16 Taxation . 17 Contact Us . 18 Glossary . 19 Page 2 of 20 Product Disclosure Statement - United States & Canada January 2014 Introduction This Product Disclosure Statement (PDS) contains About AFEX information about the Global Payment and Risk Associated Foreign Exchange, Inc . (AFEX), a California Management Solutions provided to you by AFEX . Corporation located at Warner Center, 21045 Califa Street, Woodland Hills, California 91367 United States, is The information set out in this PDS is general in nature licensed and regulated as a Money Transmitter by several and has been prepared without taking into account your State Regulatory Agencies, and it is registered as a Money objectives, financial situation or needs . Before dealing Services Business (MSB) with the Financial Crimes in foreign exchange transactions you should consider Enforcement Network (FinCEN), a bureau of the United whether it is appropriate, having regard to your own States Department of the Treasury Financial . In addition, objectives, financial situation and needs . This PDS does AFEX is also registered with the Financial Transactions and not constitute financial or legal advice, including financial Reports Analysis Centre of Canada (FINTRAC) . recommendations . If you need legal advice, please seek the services of an Established in 1979, AFEX effectively pioneered the attorney . business of personalized foreign exchange services, tailored to small and mid-size business clients . AFEX is If you have any questions or need more information, please wholly owned by Associated Foreign Exchange Holdings, contact your AFEX Account Executive or visit our website at Inc . a California Corporation, with subsidiaries in multiple www .afex .com . jurisdictions, including the United States, United Kingdom, Australia, Switzerland, etc . Trading in foreign exchange and foreign exchange derivative products involves the potential for gain as well as the risk of loss . In some cases, that loss may exceed the amount of Products money you commit to a transaction . Movements in the price of foreign exchange rates are influenced by a variety of Foreign Exchange Transactions factors many of which are unpredictable . AFEX is unable to In general terms foreign exchange is the conversion of one guarantee a maximum loss that you may suffer from trading . currency to another at an agreed exchange rate . A foreign You are not obliged to use any products described in this exchange transaction is a binding agreement between you PDS unless you have a comprehensive understanding how and AFEX in which one currency is sold or bought against they work, including the risks and the costs involved . another currency at an agreed exchange rate on the current date or at a specified future date . The day that you order Changes to this PDS your currency is referred to as the Trade Date; the day that Information in this PDS that is not materially adverse to you are required to make payment for your currency (and users of our products is subject to change and may be the day that we exchange currencies) is referred to as the updated via our company website (see our contact details Value Date . AFEX offers the following three types of foreign on the cover page of this PDS) . You can access that exchange transactions: information by visiting the website, or otherwise contacting us and asking for an electronic or paper copy, which will be • Value Today – refers to transactions where the Value provided free of charge . You can also access the website Date and the Trade Date are the same day . which may contain, from time to time, other information • Value Tomorrow – refers to transactions where the Value about our products . We may make other information about Date is one business day after the Trade Date . our products available to you, and that information may also • Value Spot – refers to transactions where the Value Date be accessed for free from our website or by contacting us is two (2) business days after the Trade Date . by phone or email . In addition to these transactions we also offer a foreign exchange product that is settled beyond two business days . This is referred to as Forward Exchange Contracts . Page 3 of 20 Product Disclosure Statement - United States & Canada January 2014 How does a Foreign Exchange Transaction work? • The currency pair When you enter into a foreign exchange transaction you • Market volatility and liquidity at the time of the transaction nominate the amount of currency to be bought or sold, • Availability of currency in the market . the two currencies to be exchanged and the type of trade • The tenor (or value date) of the currency exchange . (Value Today, Value Tomorrow or Value Spot) . The currencies • Interest rate differentials between the two that you wish to exchange must be on the list of available currencies involved . currencies provided by AFEX . The exchange rate that AFEX provides you for Value Today AFEX will determine the exchange rate applicable to the and Value Tomorrow transactions are based on the standard trade based on the currencies and the Value Date that you market convention of reflecting the interest rate differential have nominated . On the Value Date it is essential that you between the currencies that are being exchanged . This deliver the currency you are exchanging in accordance with adjustment can be either an addition or subtraction and the exchange rate determined by us and agreed by you at reflects the costs or benefits associated with the interest the time the trade was entered into . rate differential between the currencies that are being exchanged . Upon receipt AFEX will pay you or your nominated beneficiary the amount of currency that you have purchased . Exotic Currency Spot Value Contracts If you intend to purchase an Exotic Currency (and you will be How is the foreign exchange rate determined? informed at the time of booking by your Account Executive A foreign exchange rate is the price of one currency (the whether the currency you are buying is an Exotic Currency), Base Currency) in terms of another currency (the Terms you are merely permitted to book for delivery on the Spot Currency) . A quotation shows how many units of the Terms Value Date and need to make payment for this purchase Currency will equal one unit of the Base Currency . For on or before 1pm Pacific Time of the Trade Date . Failure to example the foreign exchange rate AUD/USD 0 .7215 do so may result in the Exotic Currency you had purchased means one Australian dollar is equal to 72 .15 US cents . In being sold back and the resulting loss (if any) being charged this example, the Australian dollar is the Base Currency and to you . the US Dollar is the Terms Currency . The client is required to provide correct and complete bank Exchange rates are quoted on the interbank market and instructions prior to the trade . The trade may take place only fluctuate according to supply and demand . This market is upon approval of the bank instructions by AFEX . restricted to authorized exchange dealers and banks that constantly quote to each other at wholesale rates and in By entering into an Exotic Currency Spot Value Contract, minimum parcel sizes . you have removed the uncertainty of exchange rate movements over the next two Business Days . In exchange Factors that influence supply and demand include: for this exchange rate certainty you have relinquished the opportunity to take advantage of any favorable exchange • Investment inflows/outflows rate movements between the Trade Date and the Spot Value • Market sentiment or expectations Date . • Economic and political influences • Import/export of goods and services In addition to this Exotic Currencies are illiquid, i .e . they have low trading volumes and therefore market movements in Exchange rates quoted in the media generally refer to these environments can be amplified and unpredictable . This interbank rates and will usually differ from exchange rates increased level of risk represents a high cost to carry for quoted to you . Interbank rates do not reflect the levels at trading entities and complicates the unwinding of existing which AFEX buys or sells currency . Rates of exchange currency positions . obtained by AFEX and in turn offered to its customers are dependent upon the following factors: The differences between the bid and ask prices for exotic currencies tend to be significantly wider compared to the Page 4 of 20 Product Disclosure Statement - United States & Canada January 2014 major currencies . This combination of illiquidity and a lack beneficiary bank(s) which facilitates the sending or payment of inherent price stability have an adverse effect on exotic of a wire transfer/drafts may impose their own additional currency pricing . In turn, this heightens volatility, which fees or charges which may be deducted from the amount poses a significant risk to any trading entity . Market volatility paid to you or your beneficiary . These fees are at the can be higher by a margin of several hundred percent, discretion of those institutions and AFEX does not control, depending on socio-economic and political conditions or the set or benefit from such fees . prevalent investment climate in the respective jurisdiction . If a transaction has to be sold back to the currency market, the For further information in relation to the cost of wire probability for substantial losses is significantly increased . transfers and drafts in connection with a foreign exchange transaction, please contact your Account Executive at AFEX . Settlement and delivery of a Foreign Exchange Transaction On the value date for your trade it is vital to deliver the currency that you are exchanging in accordance with the Forward Contracts exchange rate determined by AFEX and agreed by you at the time the trade was entered into .