But the address of the bank that money is wired to is a US bank. I would never have considered this a possibility as an FBAR account over which I have signatory access as the money never touches a Transferwise foreign account that I even know about let alone have any authority over.
Does this mean my US HSBC checking and savings accounts have to reported on an FBAR disclosure just because HSBC is a UK company registered in London?
Seems pretty weird to me.
FirePay has shut down, so it's not easy to find out if the account was held in the US, or the UK. In any case, it seems that it was a UK institution that wasn't licensed as a bank or financial entity in the US. It's not clear if they had THEIR accounts in the US or UK, or where Mr. Hom's account was located. It seems that the court decided that, because FirePay was a UK entity, the account was a foreign account.
In the case of Transferwise, their FAQ clearly states:
"TransferWise works with licensed banking partners in the United States. Our partners are regulated by the US Treasury Department regulator, FinCEN. Regarding anti-money laundering, they are also regulated by the Bank Secrecy Act."
They also state on their site "The TransferWise program in the United States is sponsored by Community Federal Savings Bank, to which TransferWise is a service provider, except in certain states in which TransferWise Inc. is a licensed money transmitter."
If TransferWise transfers money from your US account, to a US partner's US account, and the US partner then transfers it to your UK account, then it would seem that there's no FBAR required for the TransferWise account. I guess that it's possible they transfer the money from their US partner's account to their UK account and then forward it to your UK account. But, in that case, you don't own their UK account, don't hold a balance there, can't direct what happens to it, don't have access or authority over it or even know that it exists.
In the case of XE.com (which I use), my agreement is actually with a part of Western Union, "Custom House USA, LLC", a US-domiciled, US-licensed foreign transmittal agency. XE.com is a service provider to Custom House USA, LLC.
In the case of your US HSBC account, it's with "HSBC USA", a US entity and US-licensed banking institution, not with the HSBC UK entity.
CurrencyFair, on the other hand, states "Unfortunately at this time we are not licensed to receive business from United States residents. We do hope this will change in the future but for now we are unable to provide a timeline as to when this might happen."
Guya is very knowledgeable, and I'm not. So maybe I'm missing something. But it seems to be that TransferWise, XE and, for all I know, others, go to great pains to be legitimate by having their own or partner licensed US entities.