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by paxys 2459 days ago
> "I was kind of shocked and mad, because we're a Canadian company using Cuban goods bought and sold in Canada,"

Using an American payment company and an American bank, both of which are subject to American laws and aren't going to risk breaking a trade embargo, regardless of whether this particular case is 100% legal or not.

Also not sure why the headline says Square Canada when the article makes it clear that it is JPMorgan Chase which is holding up the payment.

4 comments

She’s transacting with Square Canada: that Square Canada transacts with a US bank is not her problem unless it is spelled out in her merchant agreement.
If I ordered an expensive item, the seller or the shipping company chose to mail it through a jurisdiction where the item was illegal, and it was confiscated, I would 100% expect them to take responsibility for replacing my item immediately. They can wrangle the cost back from the confiscators on their own time.

I don't see this as any different. Square took on the responsibility to deliver this woman's money, and it has failed in that responsibility. Exactly how they failed should not be her problem. They need to make it right.

It is illegal for a Canadian company, in Canada, to be subject to or comply with American extraterritoriality laws surrounding Cuba.

https://laws-lois.justice.gc.ca/eng/regulations/SOR-92-584/p...

I think the distinction of JPMorgan being the processor that denied the transactions is relevant here. IANAL but it's unclear to me that Square Canada is at fault for depending on a company that happens to comply with US laws.
If my bank took my money, and ran off with it, and then blamed it on bad behavior of some third party that I have nothing to do with, I have two things to say:

1. Not my problem.

2. Fuck you, pay me.

If they can't find counter-parties that let them do their jobs, they should not be in the business of payment processing. I don't get to pick which third parties my bank interfaces with.

They're working on refunding her the money. I'm not sure running off with it is an appropriate comparison here. They just don't want to work with clients that have a business relationship with Cuba in the future.
How much work does cutting a 14,000$ check requires? It been going on since August. For a foot truck operations 14,000$ must be a significant toll on cash flow. It's inexcusable.
I agree, and I definitely don't want to excuse it. I would maintain that the analogy used is inappropriate given that they're still in contact about the money.
That is not an option if they want to continue to operate in Canada. They are in plain violation of the law if they refuse to deal with entities that deal with Cuba.
So what’s the solution here? Use China’s Unionpay network?
Or, you know, literally any Canadian payment processor
Like... Square Canada?
Such as?
30 seconds on Google suggests Payfirma, Moneris, and TD Merchant Services, all headquartered in Canada.

I haven't deep-dived on any of them, so those specific ones may not be suitable. But Canadian banks exist, and Canadian payment processors exist. This can't be hard.

They probably also suck by comparison. But she should move to one of them now that she's aware of the problem.
Hard to suck worse than literally not processing any payments.
No interface sucks more than not getting paid...
But the article states the problem are the funds are going to a US bank.

If believed, she could just have the funds go to a Canadian bank and the problem is solved.

Doesn’t really have anything to do with Square.

The article specifically states the issue is on Square’s side with their (Square) using JP Morgan Chase.
Ahhh! I misread it. It’s Square Canada’s US bank account. Customer has a Canadian bank account.

Square screwed up!

The funds are already in the US bank, and it won't release them.