Key Benefits:
On 3 June 2015 (State 1 Er January 2016)
The Federal Financial Market Supervisory Authority (FINMA),
Having regard to art. 17 and 18, para. 1, let. E, of the Act of 10 October 1997 on Money Laundering (LBA) 1 ,
Stops:
1 This order specifies the obligations to combat money laundering and the financing of terrorism than the financial intermediaries referred to in s. 3, para. 1 must respect.
2 FINMA shall take into account the guidelines of this Ordinance when approving the regulations of the self-regulatory bodies referred to in Art. 25 LBA and when it recognises the regulations of the self-regulatory bodies referred to in Art. 17 LBA as minimum standards.
3 Self-regulation bodies may confine themselves to resolving differences in relation to this order. In all cases, these discrepancies should be reported.
For the purposes of this order:
1 This Order applies to:
2 In the application of this order, FINMA may take account of the specificities of the activities of financial intermediaries by granting relief or by ordering measures to strengthen it, in particular according to the risk of Money laundering of the business or size of the business. It may also take into account the development of new technologies that offer equivalent security in the implementation of due diligence obligations.
3 FINMA makes public its practice in this field.
1 In the case of IFDS which are a Swiss company belonging to the same financial group as a financial intermediary within the meaning of Art. 3, para. 1, let. A, FINMA may provide that the audit report of the group shall attest to compliance with the BA and this order.
2 FINMA publishes a list of the group companies to be monitored under para. 1.
1 The financial intermediary shall ensure that its branches abroad, as well as its foreign affiliates operating in the financial or insurance sector, comply with the following principles of the LBA and the This order:
2 This provision also applies in particular to subsidiaries and branches established in countries deemed to present increased risks at the international level.
3 The financial intermediary shall inform FINMA when local requirements exclude the application of the basic principles of this order, or where it results in a serious competitive disadvantage.
4 The disclosure of suspicious transactions or business relations and, where appropriate, the freezing of assets shall be governed by the provisions of the host country.
1 The financial intermediary that has branches abroad or directs a financial group comprising foreign companies shall determine, limit and control in a comprehensive manner the legal risks and reputational risks associated with the Money laundering and the financing of terrorism to which it is exposed.
2 It must ensure that:
3 Where a financial intermediary finds that access to information relating to the co-contractors, holders of control or economic rights holders of heritage values is, in some countries, excluded or seriously impaired for Legal or practical reasons, he shall inform the FINMA without delay.
4 The financial intermediary which is part of a Swiss or international financial group shall guarantee to the internal control bodies or the external auditors of the group access, if necessary, to information concerning business relations To the extent necessary for the overall management of legal risks and reputational risks.
1 A financial intermediary is prohibited from accepting heritage values that it knows or must assume are derived from a crime or a qualified tax offence, even if the crime or crime has been committed abroad.
2 The negligent acceptance of heritage values resulting from a crime or a qualified tax offence may call into question the guarantee of an irreproachable activity required of the financial intermediary.
The financial intermediary must not maintain any business relationship:
1 The violation of the provisions of this order or of self-regulation recognized by FINMA may call into question the guarantee of an irreproachable activity required of the financial intermediary.
2 Serious offences may result under s. 33 of the Financial Market Surveillance Act of 22 June 2007 (LFINMA) 1 , a prohibition of practice and, pursuant to s. 35 LFINMA, the forfeiture of the gain acquired through these offences.
1 For transfer orders, the financial intermediary of the payer shall indicate the name, account number and address of the payer and the name and account number of the payee. If there is no account number, a reference number related to the transaction must be specified. The address of the payer may be replaced by the place and date of birth, the customer number or the national identity number of the payer.
2 For transfer orders in Switzerland, it may be limited to the indication of the account number or a reference number related to the transaction, provided that it is able to provide the other indications concerning the payer to the The financial intermediary of the beneficiary and the competent Swiss authorities, at their request, within three working days.
3 For national transfer orders used for the payment of goods and services, it may follow the procedure described in para. 2 if it is not possible, for technical reasons, to proceed according to para. 1.
4 The financial intermediary shall provide adequate information to the payer on the transmission of its data in the payment traffic.
5 The financial intermediary of the beneficiary shall determine the procedure to be followed in the event of receipt of transfer orders containing incomplete information on the payer or the beneficiary. In this context, it follows a risk-based approach.
1 In the case of a durable business relationship with co-contractors in the field of payment means for the traffic in non-cash payments which are used exclusively for the non-cash payment of goods and services, the financial intermediary may Waive the obligations of due diligence:
2 In the case of a lasting business relationship with co-contractors in the field of payment means for the traffic in non-cash payments which are not used exclusively for the non-cash payment of goods and services, the financial intermediary May waive the obligation of due diligence, if the amount that can be made available by means of payment does not exceed 200 francs per month and the payments are made exclusively at the rate and the possible reimbursement of the means Payment exclusively to the credit of an account denominated in the name of the counterparty to a Authorized bank in Switzerland.
3 In the case of non-rechargeable means of payment, the financial intermediary may waive the obligations of due diligence:
4 The financial intermediary may waive the obligation of due diligence only if it has sufficient technical equipment to detect an exceedance of the applicable thresholds. It shall also take measures to avoid any possible accumulation of the amount limits and any infringement of this provision. Are reserved for art. 14 and 20 for transaction monitoring. Art is also reserved. 10 as long as it applies.
5 On request of self-regulatory bodies or financial intermediaries referred to in Art. 3, para. 1, FINMA may authorize further waivers of due diligence obligations under the BA for sustainable business relationships, if a risk of money laundering is low within the meaning of s. 7 A LBA is demonstrated.
1 The issuer of the means of payment shall be relieved of the obligation to possess in its file copies of the documents used for the identification of the counterparty and for the identification of the holder of the control and the economic right of the Heritage values, to the extent that it entered into a delegation agreement with an authorized bank in Switzerland that:
2 For business relations concluded directly and opened by correspondence, the issuer of the means of payment must not obtain a certificate of authenticity for copies of the identification documents:
3 If the issuer of the means of payment referred to in paras. 1 and 2 obtained, in the context of the supervision of transactions, information on a transmission of the means of payment to a person who has no recognizable close relationship with the counterparty, he must again identify the Contracting and determining the economic right of the means of payment.
1 The financial intermediary sets criteria for the presence of increased risks.
2 In particular, depending on the area of activity of the financial intermediary, consider the following criteria:
3 Must be considered in all cases as business relationships with increased risks:
4 Must be considered as a business relationship with increased risk in relation to one or more additional risk criteria:
5 Business relationships according to paras. 3, let. A and b, and 4 should be considered as a business relationship with increased risks, regardless of whether the persons involved are acting in quality:
6 The financial intermediary determines the business relationships with increased risks and designates them as such for internal use.
1 The financial intermediary establishes criteria for the detection of transactions involving increased risks.
2 In particular, depending on the area of activity of the financial intermediary, consider the following criteria:
3 In all cases, there is an increased risk of transactions where, at the beginning of a business relationship, heritage values of a counter value greater than 100,000 francs are physically brought in Once or in a staggered manner.
1 In the case of business relations or transactions involving increased risks, the financial intermediary undertakes, to a proportionate extent in the circumstances, additional clarifications.
2 Depending on the circumstances, it is necessary to establish in particular:
1 Depending on the circumstances, the clarifications include:
2 The financial intermediary verifies whether the results of the clarifications are plausible and the documentation.
The financial intermediary who sees increased risks in a business relationship makes further clarifications as soon as possible.
The admission of business relationships involving increased risk requires the agreement of a superior, senior executive or management.
1 Management at its highest level or at least one of its members shall decide:
2 Financial intermediaries with a very large asset management activity and structures with many hierarchical levels may delegate this responsibility to the management of a business unit.
1 The financial intermediary ensures effective monitoring of business relationships and transactions and thus ensures the detection of increased risks.
2 For transaction monitoring, banks and securities dealers use a computer system that helps detect transactions involving increased risks within the meaning of s. 14.
3 Transactions detected by the computerized monitoring system must be reviewed within a reasonable time frame. If necessary, additional clarification in accordance with s. 15 must be undertaken.
4 Banks and dealers in securities with few co-contractors and economic rights holders or carrying out few transactions may waive the use of a computerised monitoring system, to the extent that they entrust their company Audit to conduct an annual audit of their monitoring of "audit" scope transactions.
5 FINMA may require an insurance institution, a fund management, an investment company within the meaning of the CCPC, a makeshift manager within the meaning of the CCPC, or an IFDS that they introduce a computerized monitoring system of the Transactions, if necessary for effective monitoring.
To establish the criteria for identifying new business relationships as well as existing business relationships involving increased risks in relation to a qualified tax offence or to determine such business relationships, Financial intermediaries can rely on the maximum tax rate of the country in the client's tax home to determine whether the subtracted taxes have reached the threshold of 300,000 francs set by s. 305 Bis , ch. 1 Bis , Penal Code (CP) 1 They are not required to determine individual taxable items for the business relationship.
1 The financial intermediary shall establish, organise and retain its documentation in such a way that one of the following authorities or persons can make a reliable opinion on compliance with the obligations in the fight against Money laundering and terrorist financing:
2 It shall establish, organise and retain its documentation in such a way as to be able to act within a reasonable period of time, supporting documents, requests for information and receivers of criminal prosecution authorities or other competent authorities.
The financial intermediary ensures that the risks of money laundering and the financing of terrorism related to the development of new commercial products and practices or the use of new or developed technologies for products New or existing are evaluated in advance and, where appropriate, identified, limited and adequately controlled in the context of risk management.
1 The financial intermediary refers to one or more qualified persons who constitute the specialised service to combat money laundering and the financing of terrorism. This service provides the necessary support and advice to line managers and management for the implementation of this order, but does not relieve them of their responsibility in this matter.
2 The specialised anti-money laundering service prepares the internal guidelines for combating money laundering and the financing of terrorism; it plans and supervises the internal training in the fight against money laundering and anti-money laundering. Money laundering and terrorist financing.
1 In addition to the tasks referred to in s. 24, the specialised anti-money laundering service or another independent service ensures compliance with obligations in the fight against money laundering and the financing of terrorism. In particular:
2 The specialised anti-money laundering or other independent service also establishes, in the light of the field of activity and the nature of the business relations managed by the financial intermediary, a risk analysis in the Perspective on the fight against money laundering and the financing of terrorism, taking into account, in particular, the home or home of the customer, the segment of the managed customers and the products and services offered. The risk analysis must be adopted by the board of directors or the management body at its highest level; it must be updated periodically.
3 An internal person responsible for monitoring within the meaning of para. 1 cannot control a business relationship of which it is directly responsible.
4 The financial intermediary may also, under its responsibility, entrust to external specialists the tasks of the specialised service to combat money laundering:
1 The financial intermediary establishes internal guidelines for combating money laundering and the financing of terrorism and communicates them to the persons concerned in an appropriate form. The directives must be adopted by the board of directors or by management at its highest level.
2 In particular, internal directives must address:
1 The fight against money laundering and the financing of terrorism requires adequate integration and training.
2 The financial intermediary ensures that staff are carefully selected and that all relevant employees receive regular training; this training covers the essential aspects of the fight against money laundering Money and the financing of terrorism.
1 The financial intermediary may, by written agreement, delegate to persons or undertakings the verification of the identity of the contracting party, the identification of the holder of the control or the economic right of the heritage values and the Additional clarification required, provided that:
2 It may entrust, without a written agreement, the tasks relating to these due diligence obligations:
3 The third party to whom recourse is made shall not be entitled to use the services of other persons or undertakings.
4 Delegation conventions are reserved according to Art. 12, para. 1, if the delegate is also an authorized financial intermediary in Switzerland.
1 The financial intermediary shall continue to respond in the light of the right of supervision, in all cases, of the proper performance of the tasks for which it has used the services of persons and undertakings under Art. 28.
2 It shall have in its file a copy of the documents which have been used to fulfil the obligations in the fight against money-laundering and the financing of terrorism and shall confirm in writing that the copies received by it are in conformity with Original documents.
3 It itself considers the plausibility of the results of the additional clarifications.
1 The financial intermediary may decide on his or her own right to pursue the business relationship:
2 A financial intermediary who does not wish to continue the business relationship may authorize the removal of important heritage values only in a form which allows the criminal prosecution authorities to trace their values ( Paper trail ).
1 Where a financial intermediary does not have an art-based suspicion. 9, para. 1, let. A, LBA or reasons according to Art. 9, para. 1, let. C, LBA but it has indications that heritage values are derived from a crime or a qualified tax offence or are used for the financing of terrorism, it may use its right of communication within the meaning of s. 305 Ter , para. 2, PC 1 And communicate these clues to the communications office.
2 If it does not exercise its right of communication when it has doubts about the business relationship with important heritage values, it documents the reasons.
3 If it decides to pursue a dubious business relationship, it is obliged to keep it under strict surveillance and to examine it in the light of the evidence of money laundering or terrorist financing.
1 Where the financial intermediary puts an end to a suspicious business relationship without a communication due to a suspicion of money laundering or terrorist financing, the intermediary may not authorise the withdrawal Important heritage values in a form that allows the criminal prosecution authorities, where appropriate, to track the transaction ( Paper trail ).
2 The financial intermediary may not breach a dubious business relationship or authorize the withdrawal of significant amounts where there are concrete signs of the imminence of security measures of an authority.
3 Where the conditions for a communication within the meaning of s. 9 BA at the communication office shall be fulfilled or if the financial intermediary exercises its right of communication under Art. 305 Ter , para. 2, PC 1 , the business relationship with the counterparty cannot be broken.
In accordance with Art. 9 A LBA, the financial intermediary executes the orders of the client, which deal with important heritage values, only in a form that enables the tracing of the transaction ( P A Per trail ).
1 The financial intermediary shall inform the FINMA of communications addressed to the communications office concerning business relations with important heritage values. It shall, in particular, inform FINMA where there is reason to believe, in the light of the circumstances, that the case which led to the communication will have consequences for the reputation of the financial intermediary or the reputation of the financial centre.
2 When informing another financial intermediary under s. 10 A LBA, it records this fact in an appropriate form.
For the verification of the identity of the counterparty and the identification of the holder of the control and the economic right of the heritage values, the banks and traders in securities shall be subject to the provisions of the Convention of 1 Er June 2015 on the duty of care of banks (CBD 16) 1 .
1 The Convention can be consulted free of charge on the website of the Swiss Bankers Association: www.swissbanking.org
1 The professional business of bank notes is only permitted with bank note traders who meet the criteria of a trustworthy bank connection relationship.
2 Prior to establishing a relationship with a bank note trader, the financial intermediary should inquire into the trader's business activity and obtain business information and references.
3 It sets limits on turnover and credit for its professional business of banknotes in its entirety and individually for each Contracting Party. It must review these limits at least once a year and ensure that they are respected on an ongoing basis.
4 A financial intermediary that practices the trade in bank notes in a professional manner draws up guidelines to this effect which must be adopted by management at its highest level.
1 The general provisions of this order, other than s. 28, para. 2, let. B, also apply to correspondent banking relationships.
2 The financial intermediary which carries out correspondent banking operations for a foreign bank shall ensure in an appropriate manner that it is forbidden to enter into business relations with fictitious banks.
3 In addition to the clarifications referred to in s. 15, it must also, depending on the circumstances, clarify the controls carried out by the co-contracting party in the fight against money laundering and the financing of terrorism. As regards the scope of the clarifications, it must consider whether the counterparty is subject to regulation in the fight against money laundering and the financing of terrorism and adequate supervision.
4 It guarantees the transmission of all indications received, necessary for transfer orders. It rules the procedure to be followed if it receives repeated transfer orders which clearly contain incomplete information. In this context, it follows a risk-based approach.
In addition to transactions within the meaning of s, the risks are considered to be increased. 14, those showing signs of money laundering (Annex).
Pursuant to Art. 22, the financial intermediary organises its documentation in such a way as to be able, in particular, to indicate within a reasonable time which is the payer of an outgoing transfer order and whether a company or a person:
1 Funds Directorates under Art. 2, para. 2, let. B, LBA and investment companies within the meaning of the CCPC must ascertain the identity of the policyholder on the subscription of non-listed group investments of Swiss capital and identify the holder of the control or the holder Economic law of heritage values, if the subscription exceeds the amount of 25 000 francs.
2 They are not required to require explanations relating to the holder of the control or the economic right of the heritage values at the time of subscription, if the subscriber is a financial intermediary in accordance with s. 2, para. 2, let. A to d, LBA or a foreign financial intermediary subject to regulation in the fight against money laundering and the financing of terrorism and adequate prudential supervision.
3 When a fund management, SICAV or SICAF entruss the execution of the obligations of diligence and documentation of the collective investment of capital to the depositary bank or when a SCPC entruss the execution to an authorized bank in Switzerland, they are not required to comply with the conditions under s. 28, para. 3 and the terms and conditions under s. 29, para. 2. The depositary bank or the bank may only use sub-delegated authorities if it complies with the requirements under s. 28, para. 1 or 2 and the terms and conditions under s. 29, para. 2 and 3. The management of funds and investment corporations within the meaning of the CCPC meet these obligations under the law of supervision.
4 The CBD 16 1 Shall apply to the methods used for the identification of the counterparty and the recognition of the holder of the control and economic right of the heritage values as well as to other possible activities of the management of decisive funds To the LBA.
1 The Convention can be consulted free of charge on the website of the Swiss Bankers Association: www.swissbanking.org
1 Capital managers within the meaning of the CCPC for the collective investment of unlisted foreign capital must identify the policyholder and identify the holder of the control or economic right of the heritage values of the Collective investment of foreign capital:
2 They are not required to obtain statements about the holder of the control or the economic right of the heritage values, if the subscriber is a financial intermediary under s. 2, para. 2, let. A to d, LBA or a foreign financial intermediary subject to regulation in the fight against money laundering and the financing of terrorism and adequate prudential supervision.
3 The CBD 16 1 Shall apply to the methods used for the identification of the counterparty, the holder of the control and the economic right of the heritage values, as well as to other possible activities of the makeshift manager in relation to the LBA.
1 The Convention can be consulted free of charge on the website of the Swiss Bankers Association: www.swissbanking.org
1 The obligations of care of insurance institutions are governed by the provisions of the Regulation of 12 June 2015 of the self-regulatory body of the Swiss Insurance Association for the fight against money-laundering 1 .
2 Are reserved for art. 6 and 20, para. 5.
1 The Regulation can be consulted free of charge on the website of the self-regulatory body of the Swiss Insurance Association for the fight against money laundering: www.sro-svv.ch
Do not fall under the AML due diligence obligations under Pillar 2 and Pillar 3a or pure risk insurance.
1 When establishing a business relationship, the IFDS requires the co-contractor to:
2 If a counterparty is a national of a State in which the dates of birth or home addresses are not used, the obligation to provide such information shall not apply. This derogation must be substantiated in a note to the file.
3 If the counterparty is a legal person or a partnership, the IFDS becomes aware of the contracting authorities of that person, documents them and verifies the identity of the persons who establish the relationship Business on behalf of the corporation or partnership.
1 When establishing a business relationship with a natural person or a holder of an individual reason, the IFDS verifies the identity of the counterparty on the basis of an identity document of the counterparty.
2 Where the business relationship is established without the two parties having met, the IFDS shall also verify the address of domicile by exchange of correspondence or any other equivalent means and shall classify a certified copy of the Identification documents in its file.
3 All identity documents issued by a Swiss or foreign authority with a photograph are allowed.
1 When establishing a business relationship with a simple company, the IFDS identifies the counterparty, by checking the choice:
2 Art. 45, para. 2 and 3 shall apply mutatis mutandis.
1 When establishing a business relationship with a legal person or a partnership registered in the Swiss Register of Commerce or in an equivalent foreign register, the IFDS verifies the identity of the counterparty on the basis of one of the The following documents:
2 The identity of legal persons and partnerships not registered in the Swiss Register of Commerce or in an equivalent foreign register shall be verified on the basis of one of the following documents:
3 The authorities must be identified by means of a proper statute or decision or other equivalent documents or sources.
4 At the time of identification, the extract from the register, the certificate of the review body and the extract from the directory or data bank shall not be more than twelve months old and shall be up to date.
1 The IFDS shall be provided with the originals of the identity documents or a certified copy.
2 It shall classify the certified copy in the file or make a copy of the document submitted to it, on which it mentions having examined the original or certified copy; it shall date and sign the copy.
3 The following are reserved for reliefs according to Art. 3, para. 2, and 12.
1 The certificate of authenticity of the copy of the identification document may be issued by:
2 A copy of the identity document contained in the data bank of a supplier of certification services recognised in accordance with the law of 19 December 2003 on electronic signature 1 Combined with corresponding electronic authentication by the counterparty constitutes a valid certificate of authenticity. This copy of the identity document must be requested when establishing a qualified certificate.
1 The IFDS may waive the certificate of authenticity if it provides for further measures to verify the identity and address of the contracting party. Actions taken must be documented.
2 If the co-contractor has no identification document within the meaning of this order, his or her identity may, on an exceptional basis, be verified on the basis of other documentary evidence. This derogation must be substantiated in a note to the file.
1 Where one or more related transactions are related to or exceed the following amounts, the IFDS shall verify the identity of the counterparty:
2 Where other operations within the meaning of para. 1 and art. 52 are made with the same counterparty, the IFDS may renounce the identity of the latter after ensuring that the counterparty is the person whose identity was verified during the first operation.
3 In all cases, it must verify the identity of the counterparty in the presence of evidence of money laundering or terrorist financing.
1 In case of transmission of funds or values from Switzerland abroad, the identity of the counterparty must in all cases be verified.
2 In the event of the transmission of funds or values from abroad in Switzerland, the beneficiary of the payment must be identified, if one or more transactions which appear to be related between them exceed the amount of 1000 francs. If there is evidence of money laundering or terrorist financing, the identity of the beneficiary of the transfer of funds and values must in all cases be verified.
1 IFDS may refrain from verifying the identity of a legal person, a partnership or an authority if the counterparty is well known. Identity is, in particular, well known when the counterparty is an open society to the public or is directly or indirectly related to such a company.
2 If the IFDS renounces the identity of the counterparty, it shall indicate the ground in the file.
Publicly listed investment companies must ascertain the identity of the purchasers of holdings if the 3 % threshold giving rise to the obligation to declare within the meaning of the law of 19 June 2015 on the financial market infrastructure (LIMF) 2 Is reached. The IFDS may waive the certificate of authenticity.
1 New content according to the c. II 2 of Annex 2 to the O de la FINMA of 3 Dec. 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5509 ).
2 RS 958.1
1 No transactions can be executed before the full acquisition in the context of a business relationship, documents and information required for verification of the identity of the contracting party.
2 Where the identity of the counterparty has not been verified, the IFDS shall refuse to establish a business relationship or break it in accordance with the provisions of Title 1, chap. 9.
1 If the co-contractor is a legal person or a company of unlisted persons on the stock exchange carrying on an operational activity or a subsidiary majority controlled by such a company, the IFDS shall request the co-contractor a written declaration Indicating control holders who hold, directly or indirectly, alone or in agreement with third parties, at least 25 % of the voting rights or capital of the corporation.
2 If the corporation is not controlled by persons under para. 1, IFDS must ask the counterparty for a written statement indicating who controls the company in any other way as the holder of the control.
3 If it is not possible to identify control holders within the meaning of paras. 1 and 2, the IFDS must ask the counterparty, in the absence of the control holder, to make a written statement indicating the person in charge.
4 The s. 1 to 3 apply to the admission of sustainable business relations and in all cases to transfers of funds and securities from Switzerland abroad.
5 The s. 1 to 3 apply to cash transactions, if one or more transactions that appear to be related to each other exceed the amount of 25,000 francs. The IFDS shall request the written declaration at the latest immediately after the execution of the transaction.
1 The written declaration of the counterparty concerning the holder of the control shall contain information on the name, first name and address of residence.
2 If the holder of the control is from a country that does not use home addresses, this indication may be omitted. This derogation must be substantiated in a note to the file.
The IFDS shall not request a written declaration on the holder of the control, if the co-contractors are:
1 The IFDS shall require from the counterparty a written declaration indicating the identity of the natural person who is the economic right of the heritage values where the contracting party is not the economic right or where there is a doubt that the Co-contracting authority or economic law, in particular:
2 The IFDS shall not apply to legal persons or companies of non-listed persons performing an operational activity on a written declaration concerning the natural person who is entitled to the economic right of the heritage values, Presence of concrete indicators that the legal person or partnership carrying out an operational activity holds heritage values for a third party or if that is well known.
3 Where there is evidence of money laundering or terrorist financing, the IFDS must request from the counterparty a written statement indicating the identity of the economic right of the heritage values.
4 If the IFDS has no doubt that the contracting party is the economic right of the heritage values, it must document it in an appropriate form.
1 The written declaration of the counterparty concerning the economic right of the heritage values shall contain the following information: the name, first name, date of birth, address of residence and nationality.
2 The declaration may be signed by the counterparty or by a proxy. In the case of legal persons, the declaration must be signed by a person authorized according to the documentation of the corporation.
3 If the economic right is a national of a State in which the dates of birth or home addresses are not used, the obligation to provide such information shall not apply. This derogation must be substantiated in a note to the file.
1 Where one or more transactions appearing to be related to each other reach or exceed the amount of 25 000 francs, the IFDS shall require from the counterparty a written declaration indicating the identity of the economic right of the heritage values.
2 In all cases, it must claim such a declaration:
A declaration concerning the economic right of the heritage values must in all cases be requested in the event of the transfer of funds or values from Switzerland abroad.
1 The IFDS must always request from the counterparty a written declaration indicating the identity of the economic right when the counterparty is a home company.
2 In particular, the following indicators suggest the existence of a home-based society:
3 If, despite the presence of one or both of the indices cited in para. 2, IFDS decides that the co-contractor is not a home company, it shall pay the file a written note describing the reasons for its decision.
4 Publicly traded companies and subsidiaries that are majority controlled by such companies are not required to provide a declaration on their economic rights holders.
1 In the case of organised groups of persons, trusts and other organised heritages, IFDS shall require the co-contractor to make a written statement concerning the following persons:
2 L' al. 1 applies mutatis mutandis to companies operating like organised groups of persons, trusts and other organised heritage.
3 An IFDS that establishes a business relationship or executes a transaction as trustee identifies itself as such in relation to the financial intermediary, the counterparty or the transaction partner.
1 It is not necessary to request a declaration relating to the economic right where the counterparty is:
2 A declaration relating to the economic right must always be requested from the counterparty:
1 Where the co-contractor is a form of collective investment or a partnership of up to 20 investors, the IFDS must request a declaration concerning economic rights holders.
2 Where the co-contractor is a form of collective investment or a partnership consisting of more than 20 investors, the IFDS must request a declaration concerning economic rights holders only if the forms of investment or Participating companies are not subject to adequate supervision and regulation in the fight against money laundering and the financing of terrorism.
3 There is no need to ask for a declaration on the economic right:
If, in a business relationship with the partners of a simple company, the latter are the economic rights holders, it is not necessary to request a declaration on economic rights holders, provided that the simple company has For the purpose of safeguarding the interests of their members or beneficiaries collectively and by their own means, or pursuing political, religious, scientific, artistic, charitable, recreation or purpose purposes That it is made up of more than four partners and that it has no connection With countries with increased risk.
1 No transactions may be executed prior to the full acquisition of the documents and information required for the identification of the holder of the control or the economic right of the heritage values.
2 Where doubts persist as to the accuracy of the declaration of the contracting party and cannot be removed by further clarification, the IFDS shall refuse to establish a business relationship or break it in accordance with the provisions of Title 1, Chapter 9.
The verification of the identity of the co-contractor or the identification of the holder of the control and the economic right of the heritage values must be renewed in the course of the business relationship when a doubt arises over:
The IFDS shall break the business relationship as soon as possible in accordance with Chapter 9, Title 1, where:
1 Where the identity of the counterparty has already been verified in a manner equivalent to the terms provided for in this order within the group to which the IFDS belongs, a new audit is not required under the provisions of the Title 1, Chapter 8.
2 The same principle applies where a declaration concerning the holder of the control or economic right has already been requested within the group.
The IFDS, which has up to 20 sustainable business relationships, does not need to establish criteria in accordance with s. 13 to detect relationships with increased risk.
1 The IFDS sets criteria for the detection of transactions involving increased risk. It uses a computer system to detect and monitor transactions involving increased risk.
2 Transmissions of funds and values are considered in all cases to be transactions involving increased risks where one or more interrelated transactions reach or exceed the sum of 5000 francs.
3 In case of transfer of funds or values, the name and address of the financial intermediary must be shown on the payment receipt.
4 The IFDS maintains a directory of the operators and operators of the systems to which it has appealed.
5 An IFDS which acts on behalf of and on behalf of other financial intermediaries authorised or affiliated to a self-regulatory body according to Art. 24 LBA can only carry out cash and value transactions for a single financial intermediary.
1 In particular, IFDS must keep the following documents:
2 The documents must be able to reconstruct each transaction.
3 Documents and supporting documents must be kept in Switzerland, in a safe and accessible place at all times.
4 The retention of records in electronic form must meet the requirements of ss. 9 and 10 of the order of 24 April 2002 concerning the keeping and keeping of account books 2 . If the server used is not located in Switzerland, IFDS must have a current physical or electronic copy of the relevant documents in Switzerland.
1 The specialized anti-money laundering service of IFDS employing up to 20 persons carrying on an activity subject to the BA shall meet only the requirements set out in s. 24.
2 FINMA may require an IFDS that employs up to 20 persons carrying on an activity subject to the BA that the specialized money laundering service also meets the requirements set out in s. 25 where necessary in the context of monitoring compliance with obligations in the fight against money laundering and the financing of terrorism.
1 An IFDS that employs up to ten persons carrying on an activity subject to the BA is not required to establish internal guidelines within the meaning of s. 26.
2 FINMA may require an IFDS that employs up to ten persons engaged in an activity subject to the BA to establish internal guidelines within the meaning of s. 26 when necessary for the proper functioning of the business.
1 The financial intermediary must implement the requirements under s. 26, para. 2, let. K, and 73, para. 1, no later than 1 Er January 2017.
2 Issuers of means of payment must implement the Monitoring Transactions in relation to the counterparty according to Art. 12, para. 2 and 3, no later than 1 Er July 2017.
3 The provisions relating to the identification of the holder of the control shall apply to newly engaged business relations as from 1 Er January 2016. They are applicable to the business relationships that existed on 1 Er January 2016, if a new verification of the identity of the co-contractor or identification of the economic right of the heritage values is necessary in the course of the business relationship.
This order shall enter into force on 1 Er January 2016.
(art. 38)