NAFTA and new Visa policies
 

I am wondering if Visa's new policies will work under NAFTA

Visa says that CC processors can only register Sponsored Merchants in the country where the Sponsored Merchant has a presence.

However, NAFTA says:

Chapter 14 - Article 1404: Cross-Border Trade

1. No Party may adopt any measure restricting any type of cross-border trade in financial services by cross-border financial service providers of another Party that the Party permits on the date of entry into force of this Agreement, except to the extent set out in Section B of the Party's Schedule to Annex VII.

2. Each Party shall permit persons located in its territory, and its nationals wherever located, to purchase financial services from cross-border financial service providers of another Party located in the territory of that other Party or of another Party.

Yea shouldnt north america be treated as one?

yeah,
but do you have the money to take visa to court over this

KimmyKim mentioned this. I'm not a lawyer who specializes in free trade, but I have a feeling NAFTA laws might have something to say about Visa requiring webmasters to have a presence in the same country as the processor.

hi.

visa is not the US government.

thx.

what the fuck does that have to do with anything?

visa didn't sign NAFTA, and is thus not a Party to it.

The mexicans are smuggling porn?

NAFTA is a treaty. It affects what laws the member countries can enact. A Party is a Party to the treaty, not any entity. The paragraphs you have quoted stop laws from being passed in any member country to that effect. It doesn't look like they say anything about VISA having such a policy.

What is the big deal about being in the same presence as the processor anyway? I am sure it has probably been mentioned several times already but I havent the time to read all these threads/posts.
I think these regulations are more about the almighty dollar, then preventing chargebacks, If a surfer joins he shouldnt be allowed to get his money back, the pictures and videos he downloaded arent returned. If VISA wants to cut back on chargebacks they should regulate from the surfers angle

<---Mexican

first, everything's about the almighty dollar.

second, visa created the chargeback problem on purpose.

Visa didn't sign the law that says you can't sell cocaine to children either, does that mean they are exempt? Come on!

here's the deal. NAFTA was an agreement between governments not to apply tariffs or otherwise restrict trade between each other. (very much simplified, but the point remains it was between govts)

visa is acting in a self-regulated manner. that is, visa is not imposing these new rules because of a law made by the US government.

(edit: i take the last line back - i don't think they can refuse service to people because of disabilities, for instance. but there is no law requiring them to serve foreigners, and quite likely never will be.)

this is akin to crying "FIRST AMENDMENT!" when a mod on gfy edits a post.

congratulations

the government is/was already hassling visa


"This is essentially a battle for the control of the American payment system"

http://www.cnn.com/2000/LAW/06/12/credit.card.trial/