IllegalGrey areaLegal

A relative who collects your payments: what you risk

Valid as of 22 October 20264 min read

Having clients pay into your brother’s account in France or your aunt’s in Canada is very common, but it means keeping your earnings abroad: an exchange-control offence. Legally, the money also belongs to your relative, with all the risks that brings for them and for you. The legal route is your own foreign currency account in Algeria.

Take Karim, an illustrator in Sétif. His clients pay into his brother’s account in Marseille, and his brother sends money home now and then “for the family”. One day, the brother’s French bank asks him to explain the regular payments from foreign companies he’s never heard of.

Why it’s a problem

The methods

Illegal

A relative abroad who receives your payments

This is Karim’s case. For a resident, it’s an exchange-control offence, punished by two to seven years in prison and a fine of at least twice the amount (Ordinance 96-22, art. 1Ordonnance 03-01 modifiant l'ordonnance 96-22 (JO n° 12 de 2003), p. 14 and 1 bis), even if prosecutions are rare. Good faith is no excuse.

Sending the money “back” doesn’t fix anything: a family transfer or cash brought back from a trip isn’t a declared export receipt (guide 7).

Illegal

A relative who sells your currency on the square

A common variation: the relative receives the euros abroad, and someone in Algeria pays you the equivalent in dinars at the square rate. That’s currency exchange outside the official system (Ordinance 96-22, art. 2Ordonnance 03-01 modifiant l'ordonnance 96-22 (JO n° 12 de 2003), p. 14; guide 30), and prime scam territory (guide 27).

Grey area

A relative in Algeria whose foreign currency account receives your payments

A resident’s personal foreign currency account can receive transfers from abroad (Regulation 07-01, art. 22Règlement 07-01 du 3 février 2007 relatif aux règles applicables aux transactions courantes avec l'étranger et aux comptes devises (version d'origine), p. 4). But this is your income, not theirs: it isn’t credited to your professional foreign currency account “for the needs of [your] business” (art. 57), and your relative’s bank can ask where the money came from. No text provides for this set-up. It isn’t an official route, and both Payoneer and PayPal refuse withdrawals to someone else’s account.

Key points

  • Money received by a relative abroad stays abroad: an exchange-control offence.
  • Legally, that money is theirs, not yours.
  • A professional foreign currency account in your name solves the problem.

Sources