Can Hawala Emerge from the Shadows?

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    A conference on migrant remittances in London

    this October, the second of its kind hosted by the

    World Bank and Britains Department for

    International Development (DfID), once again

    underlined the potential for remittance flows to

    enhance economic development in the poorer parts

    of the globe. While discussion at the event

    concentrated on how to develop financial service

    sectors that can better capture the developmental

    impact of remittances through so-called formal

    channels, informal channels were largelyignored. Yet when considering the issue of how

    remittances can aid development, an understanding

    of these informal channels is crucial. Hawala or

    Hundi,1 which are the same, is one such channel.

    But before elaborating further, a clarification of

    terminology is required.

    First what are formal flows? These are

    essentially flows of money resulting from any

    channel that falls within the modern financial

    system. A more accurate definition might therefore

    be flows through a modern and recognisably

    western banking system. A definition of informalflows is altogether more tricky, as this inevitably

    cross-cuts an extremely fuzzy

    area, namely, a definition of

    money service businesses or

    alternative remittance services,

    as it is referred to by the

    Financial Action Task Force

    (fatf). The fatf defines

    informal flows as any

    transmission of money through

    non-bank financial institutions

    or other business entities or any

    other mechanism either through

    the regulated financial system (for example, use of

    bank accounts) or through a network or mechanism

    that operates outside the regulated system.2

    Remittance vehicle

    Hawala fits squarely into this last definition, and is

    regarded by the World Bank, International Monetary

    Fund (imf) and other bodies as a core channel for

    informal flows to and from the Indian subcontinent and

    the Middle East. The term hawala, which stems fromthe Arabic word meaning transfer, is more commonly

    used today than hundi, and as a consequence, hawala is

    largely understood as a remittance vehicle. Hundi has

    Sanskrit and Persian roots, but carries the same

    linguistic and functional senses as hawala, although

    some wrongly believe that hundi was simply a bill of

    exchange or promissory note. In fact, the hawala/hundi

    system provides more than pure money remittance, so is

    more accurately described as a traditional or indigenous

    South Asian banking system. As historical examination

    of hundi/hawala shows, this system has a long

    operational history in South Asia and the Persian Gulf,and provided a core instrument for trade.

    Can hawala emerge from the

    shadows?

    Often dismissed because of unsavoury associations, payment channels such

    as hawala can be more cost effective than banks

    Marina Martin

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    Marina Martin

    Marina Martin is writing her PhD on

    hawala/hundi at the London School of

    Economics, and consults for businesses

    and government. She was previously a

    research associate at the University of

    Cambridge, a senior analyst with Frost &

    Sullivan and a broadcast journalist with

    Bloomberg and the BBC.

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    Taking this into account, informal value transfersystem (ivts), a term first coined by Nikos Passas, aprofessor of criminal justice commissioned by theHague to examine underground banking in 1999, andwhich has since been adopted by American TreasurysFinancial Crimes Enforcement Network (FinCEN), isthe best official description of the system. Though itdoes not exactly trip off the tongue. ivts applied tohawala correctly identifies the transmission of goodsor value as part of its operational character. Incontrast, many other contemporary descriptions havenarrowly represented hawala as a vehicle for movingforeign exchange or a cash-based system.

    Today hundi/hawala operations are found all overthe world, in developed and developing economies,usually, but not solely, identified by the presence ofSouth Asian diasporas. One notable example isSomalia, where in the absence of any reliable modernbanking system, hawala is the preferred and mainartery for financial flows. Hawala has also shownitself to be more resilient to financial shocks in crisis

    states such as Somalia and Afghanistan, than themodern banking system.3 In fact, aid and otherinternational organisations regularly use hawala as ameans of transferring money from the west toAfghanistan because of the ailing state of thatcountrys modern banking system.

    Unpleasant associations

    Today, hawala has become the subject of scrutiny fortwo core reasons: a glance at the international pressreveals its notoriety on a number of levels. In some

    countries it is regarded as the grey economy, but inothers, and here India is a prime example, hawala isperceived as a marker of the criminal economy,although this perception has much to do with itsoutright prohibition. Second, since 11 September2001, allegations of links with terrorist financing andmoney laundering have been prominent.

    In fact one of the current known and documenteduses of the hawala system is to provide a networkacross South Asia for low-cost micro-payments bymigrant workers back to their dependents.Remittances have only attracted substantial attentionfrom academics and policymakers of late becausesuch flows are believed to play a major role in poverty

    reduction. The Treasury in the United States citesPakistani officials estimates of more than $7bndollars in annual flows into the country via hawalachannels.4 However, as hawala does not leave a papertrail, there are no firm figures on flows through thischannel, much less a global figure.

    Opposing views

    So contemporary approaches to the system sit at twovery different ends of the spectrum: law enforcementand regulation trying to combat criminal abuse ofhawala, and development strategies which recognisethe benefits of remittance flows. It has becomeincreasingly clear that criminal and financialregulation must work in tandem with developmentpolicies, in order not to impede the very real benefitsof remittances. The position of the World Bank, Fundand DfID (as exemplified in the most recentconference on remittances) is clearly that thedevelopment potential of remittances is better

    harnessed by shifting remittances to modern bankingservices. This, it is felt, would improve a countrysratio of savings and investment to gdp.

    Although studies have shown that remittanceshave a significant impact on reducing poverty at thegrassroots level, there has been no comparative studyof the impact of remittances via hawala versusformal flows. Do hawala flows result in differentconsumption patterns or other forms of economic andsocial behaviour? For instance, as I was conductingfieldwork in the southern Indian state of Kerala,which is a major recipient of remittances from the

    Gulf, I was given to understand that many hawalaflows are channelled into house building. Kerala hasincreasingly moved towards a nuclear family model,even outside urban centres, leading to a high demandfor new homes. All of this points of course to a needfor understanding the regional contexts in whichhawala usage flourishes.

    While informal channels are often dismissedbecause of unsavoury associations, one key problemremains: a system such as hawala is more cost-effective than the vast majority of modern bankingservices. Not only does it offer cheaper transactioncosts, but it also offers point-to-point transfers, whichthe modern banking architecture within South Asia,

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    for example, cannot currently compete with. A

    migrant worker in Britain can, for instance, send

    money back to a remote village in India very cheaply

    and within 24 hours. Moreover, the migrants

    dependents in that village need not be literate to

    access the money, unlike modern bank transfers. Nor

    do the dependents need to travel to an urban hub to

    gain access to a bank. The local hawaladar will either

    deliver the money personally using a courier, or the

    customer will go to the local hawaladars premises,

    which might for instance be the local village shop.

    Hawaladars will often be persons operating other

    forms of business, who possess the necessary capital

    to support the hawala network in a particular region.

    Hawala payment networks

    How does it do it? Hawala is a trust-based system

    grounded in networks characterised by social,

    ethnic, linguistic and religious affiliations. The word

    trust is potentially misleading, and has frequently

    led to the perception that the system is risky as thereare no guarantees or licenses to indicate

    trustworthiness or probity. However, the kind of trust

    that is embedded in hawala operations is calculative

    rather than altruistic in nature. A way of illustrating

    this might be to liken the trust between hawaladars

    (hawala dealers) with the trust that the modern

    banking system places in credit ratings agencies: the

    modern banking system assumes that the

    information provided by credit ratings agencies is

    reliable. Similarly, hawaladars more usually operate

    through a reputation-based mechanism, which

    means that financial activity between hawaladars isshaped by expectations of conduct. This may seem

    flimsy in a modern world where legal parameters are

    seen to provide penalties and guarantees but, in

    reality, forms of calculative trust are integral to most

    institutional processes.

    Other key elements that contribute to hawalas

    competitive transaction costs are its lack of

    bureaucratic paperwork and the fact that transactions

    are processed in batches rather than sent individually.

    So, instead of currency exchange and transfer rates

    being applied to each and every transaction,

    hawaladars can pass on the benefits of converting a

    large bundle of transactions in one go. This is possible

    because, unlike a modern bank transfer, money is not

    wired or physically sent across with each transaction.

    If a customer approaches a British hawaladar to send

    100 back to India, the hawaladar will provide the

    customer with a remittance code, which the customer

    will pass on to his dependent in India. The hawaladar

    will then contact his relevant India hawaladar, and ask

    him to pay out 100 in Indian rupees once the

    customer presents the remittance code.

    Hawaladars rates are extremely competitive,

    often only charging 12% of the principle although

    the rate will vary per transaction and familiarity with

    the customer. Due to very low overheads (often

    operating from the back room of a shop), minimal

    paperwork, efficient networks, and the fact that they

    only do bulk currency conversions, hawaladars are

    able to undercut modern banking services and

    remain profitable. Clearing and settlement with other

    hawaladars is carried out periodically, although this

    process is not well understood and requires further

    primary research. However, it is understood that

    goods of value can be substituted as forms ofpayment, and we may speculate that under and

    over-invoicing may play a part. The diagram

    opposite, based on a World Bank model, illustrates

    this example. This model merely illustrates a simple

    bilateral settlement process, but in reality hawala

    transactions are multilateral, with multiple hubs

    distributed globally, further complicating the

    clearing and settlement process.

    The customer will in most cases be from the same

    community as the hawaladar, which is why

    appropriate networks will be in place to serve the

    migrant community more effectively. For this reason,most customers are likely to know of the hawaladar

    through word of mouth or community links, as hawala

    dealers are usually well-established. This is also an

    instance of trust between the customer and the

    hawaladar, again linked to the reputation-based

    mechanism. Renegade hawaladars are highly unlikely,

    though not impossible, because the

    customer-hawaladar network carries information

    extremely swiftly. If the hawaladar fails to deliver, this

    would significantly affect future relations with his

    customers and his fellow hawaladars because he has

    compromised the integrity of his network. Moreover,

    because the hawaladar is part of a community or

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    regional network, accountability is built into the

    system. Hawala is a self-regulating institution, unlikemodern financial institutions which function through

    legal parameters.

    The problem of regulation

    So much confusion reigns over definitions and

    descriptions of hawala that policymakers and regulators

    face real problems in determining the remit and form of

    the system. The fatfs 40+9 recommendations have

    proven as much of a bug-bear to apply for regulators

    and legal enforcement agents, as has compliance with

    them for the very poorly defined category of moneyservice businesses, of which hawala can form a part.

    For those money service businesses which have sought

    registration or licensing, regulation has intensified

    administrative processes, in turn passing on higher

    transactions costs to the customer.

    At a conference on hawala in April 2005 in the

    uae, hm Customs & Excise highlighted the

    ambiguous nature of terms such as underground,

    illegal, alternative and formal. They adopted

    the stance that hawala itself is not the problem, but

    rather criminal money laundering, using hawala

    techniques. Broadly observed patterns of

    transactions are often the only means of identifying

    hawala for organisations such as

    FinCEN and hm Customs &

    Excise, yet such organisations

    are increasingly sensitive to the

    development angle, and do not

    wish to penalise migrant

    workers. Over-regulation will

    either drive hawala underground

    or increase transaction costs for

    migrant remitters.

    Lack of familiarity with

    hawala has also made the process

    of applying fatfs special

    recommendation VI (one of the

    nine in the 40+9 noted above) to

    various national and regional

    contexts even more arduous. The

    way hawala is used in Pakistan,

    does not necessarily correspond

    to the way it works in India or Sri

    Lanka. National laws, and financial requirements

    will vary from region to region. Indeed, quite oftennational laws can shape the face of hawala usage

    and operations. The fact that hawala is not

    prohibited in Pakistan has meant that money-

    exchange houses using the system operate openly

    and are widely advertised. In Sri Lanka, hawala is

    regarded as being fuelled by the civil conflict.

    Therefore, applying regulations on a blanket basis,

    without reference to local or national contexts, is

    unhelpful. On the other hand, unequal regulation

    merely shifts operations to different regions, as a

    speaker from Interpol observed at the 2005

    conference on hawala, or, worst-case scenario,drives the system underground. Eventually, this

    leaves us with a classic conundrum: should

    regulation on the basis of national experience come

    first, or national compliance with international

    standards? The jury is still out.

    1 Hundi is the older term for the system in the Indian subcontinent.

    2 fatf, Interpretive Note to Special Recommendation VI: Alternative

    Remittances.

    3 See Remittances in conflict and crises: how remittances sustain

    livelihoods in war, crises, and transitions to peace, by Patricia Weiss

    Fagen with Micah N. Bump, a policy report produced by the InternationalPeace Academy, Georgetown University, February 2006.

    4 http://www.treas.gov/offices/enforcement/key-issues/hawala/.

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