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NEGOTIABLE INSTRUMENT INQUIRY

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Mailing Location

Attention: BELAY EMPIRE

℅ 3020 Bernal Ave Suite 110 #2133

Non-domestic Pleasanton,

California Republic [94566]

Indigenous Institution Identifier: 922524622

FUNDING ACCOUNTS: NOTICE AND LEGAL FRAMEWORK

 

PLEASE BE ADVISED OF THE FOLLOWING:

 

Belay Empire's negotiable instruments are issued by an independent, private, unincorporated Indigenous Peoples financial institution.

 

Applicable Legal Framework: Belay Empire's negotiable instruments are governed by, including but not limited to, the following:

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  • Principles of Indigenous Peoples’ Sovereignty,

  • Relevant Treaties,

  • Uniform Commercial Code (UCC) Articles 1-9,

  • United Nations Declaration on the Rights of Indigenous Peoples (2010), Articles 1-46,

  • American Declaration on the Rights of Indigenous Peoples (2016), Articles 1-41,

  • Negotiable Instruments Law of 1955, Chapter 35,

  • Public Law 97-280 (97th Congress, October 4, 1982),

  • Congressional Record, 73rd Congress (First Session, March 9, 1933), Page 83, Paragraph 1: "Expansion of Currency Necessary,"

  • and International Law.

 

Belay Empire Indigenous Peoples Financial Institution operates independently, without affiliation to the United States Federal Reserve System, providing a unique level of autonomy. As a private unincorporated association, we are not required to register with the U.S. government as a formal company, nor with the Securities and Exchange Commission, as we do not offer securities to the public. Similarly, we are not obligated to register with the Treasury Department as a financial entity. This independence allows us to conduct transactions in accordance with our culture, customs, principles, and objectives, ensuring economic sovereignty and self-determination for Indigenous Peoples.

 

Funding Capabilities: Belay Empire is committed to conducting transactions in good faith and with full transparency. We offer various methods for account funding, including but not limited to the following:

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  • Bank Drafts

  • Cashier's Checks

  • Bank Checks

  • Bills Of Exchanges

  • Promissory Notes

  • Letters Of Credits

  • Credit/Debit Transfers via Book Entries

  • Ledger-to-Ledger Transfers

  • Email Transfers

  • Direct API Integration

  • Contractual Agreements​

 

Belay Empire Wire Transfer Policies and Sovereignty Recognition

 

Wire Transfer Policy:
Belay Empire does not facilitate wire transfers as it operates independently of systems like the U.S. Federal Reserve, ABA, ACH, SWIFT, and Fedwire. However, it utilizes an Indigenous Institution Identifier, 922524622, which can be manually entered to support transaction tracking and identification.

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Recognition of Sovereignty:
Indigenous Peoples' right to establish and operate independent financial systems is affirmed by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and historical treaties. These frameworks ensure that financial instruments issued by Indigenous financial institutions are recognized as valid under both international and domestic law.

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U.S. and International Legal Obligations:
Under U.S. law, statutes such as 11 U.S.C. § 1503 underscore the importance of recognizing Indigenous sovereignty and the legitimacy of their financial systems within domestic legal frameworks. This aligns with the nation's broader commitments to honoring Indigenous rights and obligations.

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Legal Foundations and Precedents:

 

A. Public Law Joint Resolutions 73-1 and 73-10 (1933):

These resolutions authorize the issuance of promissory notes and bills of exchange for U.S. currency. Indigenous Peoples financial institutions, under their sovereign status, can issue similar instruments based on these recognized legal frameworks.

 

B. Full Faith and Credit of the United States (Title 7 U.S.C. § 938, § 1928):

These statutes affirm that obligations, including those issued by Indigenous Peoples financial institutions, are backed by the full faith and credit of the United States, ensuring that such instruments are legally recognized and enforceable.

 

C. Commercial Law and Uniform Commercial Code (UCC):

  • UCC § 2-511: Payment may be made using checks, promissory notes, or bills of exchange, and these instruments must be accepted as valid tender.

  • UCC § 9-310, § 9-311, § 9-312: These sections govern the perfection of security interests, ensuring the protection of Indigenous Peoples financial institutions' interests in property transactions.

 

Acceptance and Processing of Instruments:

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1. Verification Process:

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  • Upon receipt of a negotiable instrument (e.g., cashier’s check, bill of exchange, promissory note) issued by an Indigenous Peoples financial institution, the bank must verify its authenticity.

  • The instrument can be authenticated by contacting the issuing Indigenous Peoples financial institution directly via phone, website, or email.

 

2. Legal Compliance, Deposit, Clearing, and Settlement:

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  • Legal Compliance: Under U.C.C. § 2-511 and § 3-603, the instrument must be accepted as a valid tender if it meets all necessary criteria, such as legitimacy and full cash value backing. Any refusal to accept the instrument based on its origin (e.g., an Indigenous Peoples financial institution) would violate the Equal Credit Opportunity Act (1974), which prohibits discrimination in credit transactions.​

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  • Bank Deposit: After the receiving bank has confirmed the instrument's authenticity, the seller must be able to deposit the cashier’s check, bill of exchange, or promissory note with their financial institution.

 

  • Clearing Process: The receiving bank handling the deposit is not obligated to present the instrument to Belay Empire's Indigenous Peoples financial institution for payment or clearance. This is because the cashier’s check, bill of exchange, or promissory note has already been issued in good faith for full cash value received, and its authenticity has been duly verified.

 

  • Settlement: Under the U.C.C. 4-206 provision for transfer between banks, any method agreed upon that identifies the transferor bank is sufficient for further transfer to another bank. In line with U.C.C. 4-213 on the medium and timing of settlement by a bank, the time of settlement may be defined by agreement, and when dealing with cash, cashier’s checks, or teller’s checks, settlement occurs when the cash or check is sent or delivered. Per U.C.C. 4-215, an item is considered finally paid by a payor bank once it has settled for the item without any right to revoke the settlement, whether under statute, clearinghouse rules, or by agreement.

 

3. Promissory Notes and Security Interests:

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  • UCC §§ 9-310 to 9-312: Indigenous financial institutions may perfect their security interests in assets by filing the necessary documentation, similar to standard commercial transactions.

 

Sovereignty and Treaty Protections:

 

A. Sovereignty Recognition:

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and historical treaties affirm Indigenous Peoples’ right to establish independent financial systems. Financial instruments issued by Indigenous financial institutions must be recognized as legitimate under both international and domestic laws.

 

B. U.S. and International Obligations:

  • U.S. statutes such as 11 U.S.C. § 1503 uphold the recognition of Indigenous sovereignty and Indigenous financial systems within domestic legal frameworks.

 

Regulatory Considerations:

 

A. Banking Regulations:

  • 12 C.F.R. § 204.2: Defines valid financial instruments for banking purposes.

  • 12 C.F.R. § 215.3: Regulates extensions of credit, supporting the acceptance of Indigenous Peoples financial instruments.

 

B. Self-Liquidating Paper and Transparency:

  • 17 C.F.R. § 260.11b-6: Recognizes "self-liquidating paper," which includes Indigenous Peoples financial instruments if liquidity standards are met.

  • 18 C.F.R. § 358.7: Requires transparency in financial transactions, particularly with novel instruments issued by Indigenous Peoples financial institutions.

 

Compliance with Anti-Money Laundering (AML) and Know Your Customer (KYC) Regulations:


While Belay Empire operates independently from U.S. federal oversight, it upholds high standards of transparency and compliance. Transactions facilitated by Belay Empire are subject to internal AML and KYC policies to ensure the legitimacy of participants and prevent illicit activities. We reserve the right to request additional documentation to verify identities and the source of funds in line with best practices.

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Dispute Resolution and Governing Law:


By this, any disputes arising from transactions involving Belay Empire’s financial instruments shall be resolved through arbitration. The arbitration will be conducted in accordance with Indigenous Peoples’ rules, laws, and customs by an Indigenous Peoples Arbitration Association or another mutually agreed-upon body. Both parties acknowledge that the interpretation and enforcement of the instruments shall be governed by Indigenous laws, principles, and customs, along with applicable provisions of the Uniform Commercial Code (UCC).

 

Transaction Risk Disclaimer and Limitations of Liability:


Belay Empire makes no representations or guarantees regarding the acceptance of its financial instruments by third-party institutions. Users of these instruments acknowledge the inherent risks involved in conducting transactions with non-traditional financial instruments. Belay Empire is not liable for any losses resulting from the refusal, delay, or failure of counterparties to process or accept these instruments.

 

Data Protection and Confidentiality Clause:


Belay Empire values the privacy and confidentiality of its clients. All personal data and financial information exchanged in the course of transactions shall be treated as confidential and will not be disclosed to unauthorized parties, except as required by law or with the client’s express consent.

 

Force Majeure Clause:


Belay Empire shall not be held liable for any failure or delay in performing its obligations due to circumstances beyond its control, including but not limited to natural disasters, government actions, civil unrest, technological disruptions, or other unforeseen events that prevent normal operations.

 

Notice of Evolving Financial Technology and Regulatory Compliance:


Belay Empire reserves the right to adjust its operations, instruments, and policies in response to technological innovations, regulatory developments, and shifts in Indigenous or international law. All parties transacting with Belay Empire agree to remain informed of any such changes that may impact their transactions.

Investment Products are:

  • Not Insured by Belay Empire or Any Federal Government Agency

  • Not a Deposit or Other Obligation of, or Guaranteed by, this Indigenous Peoples Financial Institution or Any Bank Affiliate

  • Subject to Investment Risks, Including Possible Loss of the Principal Amount Invested

BY THIS, BELAY EMPIRE EXISTS AS AN INDEPENDENT PRIVATE UNINCORPORATED INDIGENOUS PEOPLES FINANCIAL INSTITUTION.

Belay Empire are proud Non-FDIC Members

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