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to KimmyKim:
Damn I've been reading Your cross border crap for a year now already and I am so tired of it.
You're bullshitting people.
From Visa Int. member letter towards IPSP model and cross border regulation, dated 12 May 2002, to Principal Members (IML #13/02):
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(i) MERCHANT LOCATION
Background
In the physical world, the location of a Merchant Outlet determines the country where the Merchant must deposit its
Transactions, which Acquirers may contract with it, and which domestic, regional, or inter-regional rules apply to the
Transactions it generates. Until now, a Merchant Outlet was defined as ?the physical premises of the Merchant at which
a Transaction is completed.? Since this description does not address the online environment, Visa has developed a set of
criteria to help Members and Merchants determine a remote Merchant Outlet?s location. The new criteria expand the
current rules for Mail/Phone Order (MO/TO) and Electronic Commerce Merchants, stipulating that a Transaction takes
place at the Merchant Outlet, regardless of the Cardholder location at the time of the Transaction.
1 A permanent establishment is a fixed place of business through which a Merchant pursues
an economic activity irrespective of where websites or servers are located (as used by the
Approved Operating Principles
1. Merchant Outlet
Adding the italicised text has expanded the definition of Merchant Outlet:
Merchant Outlet: The physical premises of the Merchant at which a Transaction is completed. Effective
immediately, an Electronic Commerce or Mail/Phone Order Merchant Outlet is located in the country where all of
the following conditions occur:
? There is a permanent establishment1 through which the economic activity (i.e., relevant Visa Transactions) is
completed.
Exceptions:
a) For entities that sell digital goods only, the country where the principals work must be used in lieu of
a permanent establishment.
b) When payment services are provided by an Internet Payment Service Provider2 (IPSP), the economic
activity is deemed to occur at the Sponsored Merchant3, not its IPSP. The IPSP is acting on behalf of
the Sponsored Merchant.
? The Merchant has a local address for correspondence and judicial process.
Note:
A Post Office Box or mail forwarding service does not meet this requirement.
? The Merchant holds a valid business license for the Merchant Outlet.
? The Merchant Outlet pays taxes related to the sales activity.
An exception to the condition described in the first bullet applies when payment services are provided by a third party,
as described in Section (ii), Article 3.2 of this Member Letter. In case of dispute, Visa reserves the right to determine a
Merchant Outlet?s location based on an evaluation of the Merchant?s business model and any other available
information. Visa?s decision is final. As in the physical world, a single Merchant can have multiple Merchant Outlets
that may be located in multiple jurisdictions.
2. Website Requirement
To minimise Cardholder confusion, the existing requirement that a Merchant declares its country of domicile on its
Websites4 is revised effective 15 November 2002, to require that the country of domicile of the Merchant Outlet
location be clearly disclosed to the Cardholder immediately prior to completion of payment instructions.
_______________________________________________
definition of "principal" here is - owner when it comes to all this "USA or EU presence" shit. Principal is the person who is actually doing the business, as easy as that.
That is exactly why if You ever apply to Your own merchant account for adult in USA and Your volume is over lets say 100K they will require that the corporation is 51% owned by US citizens.
Therefore in case of digital content only VISA by rules wants You to run Your business from the country where You sit by Your fucking computer and none of the nominee directors plus Nevada LLC plus US bank account and redirect adress and phones shit will work according to the book.
All IPSPs who let You think otherwise bullshit You cause the rules are indeed the same and are doing just because they dont think anyone will ever check small accounts.
The only way to be really compliant with Visa rules and work with Ibill, CCBill, PSW and so on is move to USA physically.
Good luck...
P.S. This is actually why people like Kimmy really suck. Cause unlike most of You she probably has read these rules.
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-=almost fucking incognito=-
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