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RS 955.033.0 Order of 3 June 2015 of the Federal Financial Market Supervisory Authority on Combating Money Laundering and the Financing of Terrorism in the Financial Sector (FINMA Ordinance on Money Laundering)

Original Language Title: RS 955.033.0 Ordonnance du 3 juin 2015 de l’Autorité fédérale de surveillance des marchés financiers sur la lutte contre le blanchiment d’argent et le financement du terrorisme dans le secteur financier (Ordonnance de la FINMA sur le blanchiment d’argent,

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955.033.0

Order of the Federal Financial Market Supervisory Authority on Combating Money Laundering and the Financing of Terrorism in the Financial Sector

(FINMA Money Laundering Order, OBA-FINMA)

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:

Title 1 General provisions

Chapter 1 Purpose and Definitions

Art. 1 Purpose

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.

Art. 2 Definitions

For the purposes of this order:

A.
Home companies: Corporations, corporations, institutions, foundations, trusts, trust companies and similar constructs, that do not carry on a business or manufacturing activity or another business carried on in the commercial form. Not considered as home companies, corporations:
1.
Whose purpose is to safeguard the interests of their members or beneficiaries collectively and by their own means, or who pursue political, religious, scientific, artistic, charitable, recreation or goals purposes Analogues,
2.
Who hold majority stakes in one or more operational companies, in order to bring them together under a single direction, by means of a majority of votes or by other means and whose purpose is not primarily In the management of the assets of third parties (holding companies and holding companies). The holding company or sub-holding company must actually exercise its management and control possibilities;
B.
Lane operation: Any cash transaction, in particular the exchange, purchase and sale of precious metals, sale of traveller's cheques , Release in cash of bearer securities, cash bonds and bond bonds, cash receipts of cheques, provided that no long-term business relationship is related to these transactions;
C.
Transfer of funds and values: The transfer of heritage values consisting of accepting in Switzerland species, precious metals, virtual currencies, cheques or other payment instruments, and then paying the equivalent cash, in metals, abroad Precious, in virtual or non-cash currencies by means of a transmission, transfer or any other use of a payment or compensation system, or vice versa, provided that no lasting business relationship is linked to those Operations;
D.
Sustainable business relationship: A customer relationship registered with a Swiss financial intermediary or followed mainly from Switzerland and which is not limited to the execution of single subject activities;
E.
Professional bank note traders: Non-banking establishments engaged in the purchase and sale of bank notes with significant revenue or revenue;
F.
Control holder : natural persons who control a legal person carrying on an operational activity or a partnership, holding directly or indirectly, alone or in concert with third parties, an interest of at least 25 % of the capital or Or in any other way, and which are regarded as the economic rights holders of those companies carrying on an operational activity which they control or, failing that, which are regarded as the highest placed member of the body of Direction;
G.
Investment corporations within the meaning of CCPC: Investment companies under the Collective Investment Act of June 23, 2006 1 Variable capital (SICAV), group investment limited partnerships (SCPC) and fixed capital investment corporation (SICAF) within the meaning of s. 2, para. 2, let. B Bis , LBA;
H.
Wealth managers within the meaning of the CCPC: Collective investment managers of capital under the CCPC, as defined in s. 2, para. 2, let. B Bis , LBA.

Chapter 2 Scope of application

Art. 3 Scope of application

1 This Order applies to:

A.
Financial intermediaries within the meaning of the provisions of Art. 2, para. 2, let. A to d, LBA;
B.
Financial intermediaries referred to in s. 2, para. 3, LBA which is directly subject to the supervision of FINMA under s. 14 LBA (IFDS).

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.

Art. 4 Swiss Group Companies

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.

Art. 5 Branches and Group Companies Abroad

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:

A.
The principles of art. 7 and 8;
B.
Verification of the identity of the contracting party;
C.
Identification of the holder of the control or economic right of the heritage values;
D.
Using a risk-based approach;
E.
Special clarification duties in the event of increased risks.

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.

Art. 6 Overall management of legal risks and reputational risks

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:

A.
The internal control bodies and the external auditors of the group shall, where necessary, have access to information concerning the business relations of all the companies in the group; or the establishment of a centralised data bank of the Co-contractors and economic rights holders at the level of the group, or the centralised access of the internal control bodies of the group to local databanks is not compulsory;
B.
The companies of the group shall make available to the competent bodies of the group the information necessary for the overall management of legal risks and reputation risks.

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.

Chapter 3 Principles

Art. 7 Prohibited Heritage Values

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.

Art. 8 Prohibited business relationships

The financial intermediary must not maintain any business relationship:

A.
With companies or persons of whom it knows or must assume that they finance terrorism or constitute a criminal organization, whether they are members of such an organization or that they support such an organization;
B.
With banks which do not have a physical presence in the state according to which they are organised (fictitious banks), unless they are part of a financial group subject to adequate consolidated supervision.
Art. Violation of provisions

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.


Chapter 4 General due diligence obligations

Art. 10 Indications for transfers

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.

Art. 11 Waiver of due diligence obligations

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:

A.
If the payments may not exceed 1000 francs per transaction and 5000 francs per calendar year and a counterparty; any repayment of the means of payment shall only be made in favour of accounts opened with authorised banks in Switzerland or banks subject to equivalent supervision abroad and denominated in the name of the counterparty and may not exceed 1000 francs by reimbursement;
B.
If payments to traders in Switzerland may not exceed 5000 francs per month and 25 000 francs per calendar year and by counterparty, the loads being carried out exclusively at the rate and the possible repayment of the means of payment Exclusively to the credit of an account denominated in the name of the counterparty to an authorized bank in Switzerland;
C.
Whether the means of payment can be used only within a specific network of suppliers or providers and the turnover does not exceed 5000 francs per month and 25 000 francs per calendar year; or
D.
If it is a financial leasing and if the fees due each year, including value added tax, do not exceed 5000 francs.

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:

A.
It is for the sole purpose of enabling the counterparty to pay in electronic form the goods and services acquired;
B.
If the amount made available does not exceed 250 francs per data carrier; and
C.
If the amount made available does not exceed 1500 francs per transaction and by counterparty.

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.

Art. 12 Simplified due diligence requirements for issuers of means of payment

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:

A.
The bank communicates to the issuer of the means of payment the information on the identity of the counterparty, the holder of the control and the economic right of the heritage values;
B.
The bank informs the issuer of the means of payment if the counterparty, the holder of the control or the economic right of the heritage values is a politically exposed person;
C.
The bank shall immediately inform the issuer of the means of payment of the changes to the information referred to in the let. A and b;
D.
The issuer of the means of payment responds to the requests for information of the competent Swiss authority and refers to the corresponding bank for the possible surrender of documents.

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:

A.
If it is not possible to make cash withdrawals or payments in excess of 10 000 francs per month and by co-contracting through means of payment for the non-cash payment of goods and services and the withdrawal of cash, for Having recorded in electronic form transactions;
B.
If the limit for the non-cash payment of goods and services and for the withdrawal of cash does not exceed 25 000 francs per month and by counterparty for the means of payment for which transactions are invoiced ex post;
C.
If the funds received by individuals or paid to individuals do not exceed 1000 francs per month and 5,000 francs per calendar year and by counterparty for the means of payment authorizing the trafficking in non-cash payments between individuals Domiciled in Switzerland; or
D.
If the funds received by individuals or paid to individuals do not exceed 500 francs per month and 3000 francs per calendar year and by counterparty for the means of payment authorizing the trafficking in non-cash payments between individuals Without restriction of residence.

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.

Chapter 5 Specific Diligence Obligations

Art. 13 Business relationships with increased risks

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:

A.
The seat or domicile of the counterparty, the holder of the control or economic right of the heritage values and the nationality of the contracting party or the economic right of the heritage values;
B.
The nature and location of the activity of the contracting party or the economic right of the heritage values;
C.
The absence of a meeting with the counterparty and economic right;
D.
The type of benefits or products being sought;
E.
The significance of the heritage values given;
F.
The importance of entry and exit of heritage values;
G.
The country of origin or destination of frequent payments;
H.
The complexity of the structures, particularly in the case of the use of home companies.

3 Must be considered in all cases as business relationships with increased risks:

A.
Business relationships with politically exposed foreign persons;
B.
Business relationships with persons close to persons according to the whistle. A, pursuant to s. 2 A , para. 2, LBA;
C.
Business relations with foreign banks for which a Swiss financial intermediary carries out correspondent banking activities.

4 Must be considered as a business relationship with increased risk in relation to one or more additional risk criteria:

A.
Business relations with politically exposed persons in Switzerland;
B.
Business relationships with politically exposed persons exercising leadership roles in intergovernmental organizations;
C.
Business relationships with people close to the people within the meaning of the let. A and b, in accordance with art. 2 A , para. 2, LBA;
D.
Business relations with politically exposed persons exercising leadership roles in international sports federations;
E.
Business relationships with persons close to persons according to the whet. D, in accordance with s. 2 A , para. 2, LBA.

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:

A.
Contracting party;
B.
Control holder;
C.
The economic right of heritage values;
D.
Person with a power of attorney.

6 The financial intermediary determines the business relationships with increased risks and designates them as such for internal use.

Art. 14 Increased risk transactions

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:

A.
The importance of entry and exit of heritage values;
B.
The existence of significant discrepancies in the nature, volume or frequency of transactions normally performed in the course of the business relationship;
C.
The existence of significant differences in relation to the nature, volume or frequency of transactions normally conducted in the context of comparable business relationships.

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.

Art. 15 Additional Clarifications in Case of Increased Risk

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:

A.
If the co-contractor is the economic right of the heritage values given;
B.
The origin of the heritage values given;
C.
To what extent the heritage values collected are used;
D.
The economic background of significant incoming payments and whether they are plausible;
E.
The origin of the capital of the counterparty and the economic right of the enterprise or of the heritage values;
F.
Professional or commercial activity carried on by the contracting party and the economic right of the enterprise or of the heritage values;
G.
If the contracting party, the holder of the control or the economic right of the heritage values are politically exposed persons.
Art. 16 Means of clarification

1 Depending on the circumstances, the clarifications include:

A.
The taking of written or oral information from the co-contractors, the holders of the control or the economic rights holders of the heritage values;
B.
Visits to the places where the co-contractors, the holders of the control or the economic rights holders of the heritage values conduct their affairs;
C.
Consultation with publicly available sources and data banks;
D.
Where appropriate, information from trusted individuals.

2 The financial intermediary verifies whether the results of the clarifications are plausible and the documentation.

Art. 17 Timing of Additional Clarifications

The financial intermediary who sees increased risks in a business relationship makes further clarifications as soon as possible.

Art. 18 Admission of Business Relations with Increased Risk

The admission of business relationships involving increased risk requires the agreement of a superior, senior executive or management.

Art. 19 Management responsibility at the highest level in case of increased risk

1 Management at its highest level or at least one of its members shall decide:

A.
The admission of business relationships involving increased risk under s. 13, para. 3 and 4, let. A to c, and every year, the continuation of the business relationship under s. 13, para. 3, let. A and b, and 4, let. A to c;
B.
The implementation, monitoring and evaluation of regular monitoring of all business relationships involving increased risk.

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.

Art. Monitoring business relationships and transactions

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.

Art. Qualified Tax Issue

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.


Chapter 6 Obligation to Establish and Maintain Documents

Art.

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:

A.
FINMA;
B.
An audit officer designated by the person in accordance with s. 25 LFINMA 1 ;
C.
An investigative officer appointed by her in accordance with s. 36 LFINMA;
D.
An audit firm approved by the supervisory authority for review.

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.


Chapter 7 Organizational measures

Art. New products, business practices and technologies

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.

Art. 24 Specialized anti-money laundering service

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.

Art. 25 Other tasks of the specialised anti-money laundering service

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:

A.
Monitoring the implementation of internal directives on combating money laundering and the financing of terrorism in agreement with the internal review body, the audit firm and line managers;
B.
Defines the parameters of the monitoring system for transactions referred to in s. 20;
C.
Conducting reviews of the transactions generated by the transaction monitoring system;
D.
Make or carry out the additional clarifications in accordance with Art. 15;
E.
It shall ensure that the governing body competent to decide on the admission or pursuit of business relations in accordance with Art. 19 receives the information necessary to make its decisions.

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:

A.
If, because of its size or organization, it is unable to establish its own specialized service; or
B.
The creation of such a service would be disproportionate.
Art. 26 Internal directives

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:

A.
The criteria for determining business relationships with increased risk under s. 13;
B.
The criteria for detecting transactions involving increased risk under s. 14, para. 1 and 2;
C.
The principles applicable to the transaction monitoring system under s. 20;
D.
Cases in which the internal specialised service in the fight against money laundering is to be consulted and the Directorate informed at its highest level;
E.
Principles governing the training of collaborators;
F.
The company's policy with respect to politically exposed persons;
G.
Competence for communications to the Office of Communication on Money Laundering (Communication Office);
H.
The manner in which the financial intermediary determines, limits and controls the increased risks;
I.
The amounts limit under s. 13, para. 2, let. E and f, and 14, para. 2, let. A;
J.
The criteria against which third parties may be used under s. 28;
K.
The distribution of other tasks and internal skills of the company between the specialised anti-money laundering service and the other business units responsible for applying the duty of care.
Art. 27 Integrity and training

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.

Chapter 8 Use of third parties

Art. 28 Conditions

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:

A.
It carefully selects the third-party delegate;
B.
Give instructions on the tasks to be performed; and
C.
Be able to control whether the delegated third party is in compliance with the due diligence requirements.

2 It may entrust, without a written agreement, the tasks relating to these due diligence obligations:

A.
A service within a group, if the applicable standards of care are equivalent; or
B.
To another financial intermediary, if the latter is subject to equivalent supervision and regulation in the fight against money laundering and the financing of terrorism and has taken measures to enable it to fulfil Its duty of care in an equivalent manner.

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.

Art. Procedures for the use of third parties

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.

Chapter 9 Continuation of Business and Communication

Art. Post-communication behavior

1 The financial intermediary may decide on his or her own right to pursue the business relationship:

A.
If, within twenty working days following a communication under s. 9, para. 1, let. A, LBA, the Communications Office:
1.
Does not inform him,
2.
Informs that the communication will not be transmitted to the criminal prosecution authorities,
3.
Informs that the communication will be transmitted to a criminal prosecution authority and that, from that moment on, it receives no decision from the criminal prosecution authority within five working days;
B.
If, after a communication under s. 9, para. 1, let. C, LBA, it receives no decision from the criminal prosecution authority within five working days;
C.
If, after a communication under s. 305 Ter , para. 2, PC 1 , it receives a communication from the communication office that the communication will not be transmitted to a criminal prosecution authority, or
D.
If, after a block ordered by the criminal prosecution authority on the basis of a communication under Art. 9 LBA respectively on the basis of Art. 305 Ter , para. 2, CP is informed of its removal, subject to other communications from the criminal prosecution authority.

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 ).


Art. Doubts on the business relationship and the right of communication

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.


Art. 32 Breakdown of the business relationship

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.


Art. 33 Running the client orders

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 ).

Art. 34 Information

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.

Title 2 Special provisions applicable to banks and dealers in securities

Art. 35 Obligation to verify the identity of the contracting party, to identify the holder of the control and the economic right of the heritage values

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

Art. 36 Professional Trade in Bank Notes

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.

Art. Corresponding banking relationships with foreign banks

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.

Art. 38 Criteria for transactions involving increased risk

In addition to transactions within the meaning of s, the risks are considered to be increased. 14, those showing signs of money laundering (Annex).

Art. 39 Requirement to establish and maintain records

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:

A.
Is the contracting party, the holder of the control or the economic right of the heritage values;
B.
Carried out a cash transaction that required verification of the identity of the persons concerned;
C.
Has a durable power of attorney on an account or a deposit, as long as it does not already appear in an official register.

Title 3 Special provisions applicable to branches of funds, investment corporations within the meaning of CCPC and makeshift managers within the meaning of CCPC

Art. 40 Funds Directorates and Investment Corporations within the meaning of CCPC

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

Art. Capital Managers as defined by the CCPC of Collective Investment of Foreign Capital

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:

A.
If neither the collective investment of foreign capital nor its wealth management company are subject to regulation in the fight against money laundering and the financing of terrorism and adequate prudential supervision;
B.
If they do not demonstrate the application of adequate regulation in the fight against money laundering and the financing of terrorism by another financial intermediary subject to adequate prudential supervision; and
C.
If the amount invested exceeds 25,000 francs.

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

Title 4 Special provisions applicable to insurance institutions

Art. Regulation of the self-regulatory body of the Swiss Insurance Association for the fight against money laundering

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

Art. 43 Exceptions

Do not fall under the AML due diligence obligations under Pillar 2 and Pillar 3a or pure risk insurance.

Title 5 Special provisions applicable to IFDS

Chapter 1 Verification of the identity of the contracting party (art. 3 LBA)

Art. 44 Required Information

1 When establishing a business relationship, the IFDS requires the co-contractor to:

A.
For natural persons and holders of individual reasons: the name, first name, date of birth, address of residence and nationality;
B.
For legal persons and partnerships: the name and address of the registered office.

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.

Art. 45 Natural persons and individual reasons

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.

Art. Simple Societies

1 When establishing a business relationship with a simple company, the IFDS identifies the counterparty, by checking the choice:

A.
The identity of all partners; or
B.
The identity of at least one partner and persons authorized to sign with the IFDS.

2 Art. 45, para. 2 and 3 shall apply mutatis mutandis.

Art. Corporations, partnerships and authorities

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:

A.
An extract from the register issued by the registry operator;
B.
A paper extract from a database administered by the registry authorities;
C.
A paper extract from a directory or data bank, administered by a private company, and as long as they are reliable.

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:

A.
The articles, acts or contracts of foundation, an attestation by the review body, an official authorisation to carry out an activity or an equivalent document;
B.
A paper extract from a directory or data bank, if they are reliable and administered by a private company.

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.

Art. 48 Form and processing of documents

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.

Art. Certification of Authenticity

1 The certificate of authenticity of the copy of the identification document may be issued by:

A.
A notary or a public body that usually issues such authentications;
B.
A financial intermediary within the meaning of s. 2, para. 2 or 3, LBA, whose domicile or seat is in Switzerland;
C.
An authorized lawyer in Switzerland;
D.
A financial intermediary that carries on an activity referred to in s. 2, para. 2 or 3, LBA, whose domicile or seat is abroad, if it is subject to equivalent supervision and regulation in the fight against money laundering and the financing of terrorism.

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.


Art. 50 Waiver of the certificate of authenticity and absence of identification documents

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.

Art. Cash transactions

1 Where one or more related transactions are related to or exceed the following amounts, the IFDS shall verify the identity of the counterparty:

A.
5,000 francs during a foreign exchange operation;
B.
25,000 francs in any other cash transaction.

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.

Art. Transfer of funds and values

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.

Art. Legal persons, partnerships and well-known authorities

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.

Art. 1 Identity verification obligations on publicly-traded investment companies

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

Art. Co-Contractor Identity Verification Failed

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.

Chapter 2 Identifying the Economic Right of a Business and Heritage Values (s. 4 LBA)

Section 1 Control Holder

Art. 56 Principle

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.

Art. 57 Required Information

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.

Art. Exceptions to the obligation to identify

The IFDS shall not request a written declaration on the holder of the control, if the co-contractors are:

A.
Publicly traded companies or a subsidiary that is majority controlled by such a corporation;
B.
Authorities;
C.
Banks, securities dealers, fund managers, CCPC investment firms, wealth managers within the meaning of the CCPC, life insurance companies or professional foresight institutions Tax-exempt seats in Switzerland;
D.
Banks, securities dealers, fund managers, CCPC investment corporations, property managers within the meaning of the CCPC, life insurance companies that have their registered office or domicile abroad, Provided that they are subject to supervision equivalent to Swiss law;
E.
Other financial intermediaries who have their headquarters or domicile abroad, if they are subject to regulation in the fight against money laundering and the financing of terrorism and adequate prudential supervision;
F.
Simple companies.

Section 2 Economic Law of the Heritage Values

Art. Principle

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:

A.
Where a person who cannot clearly have sufficiently close links with the counterparty has a power of attorney to permit the removal of heritage values;
B.
Where the heritage values given are clearly out of proportion to the financial position of the contracting party;
C.
When contacts with the co-contractor lead to other unusual findings;
D.
Where the business relationship is established without a meeting with the counterparty.

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.

Art. 60 Required Information

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.

Art. 61 Cash transactions

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.
In case of doubt that the contracting party, the holder of the control or the economic right of the heritage values are the same persons; or
B.
When there are indications of money laundering or terrorist financing.
S. 62 Transfer of funds and values

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.

S. 63 Home societies

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:

A.
It does not have its own premises, as is the case if a "c/o" address or a registered office with a lawyer, a trust company or a bank is indicated;
B.
It has no own staff.

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.

Art. 64 Organized groups of persons, trusts and other organized heritage

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:

A.
The effective founder;
B.
Trustees;
C.
Potential curators, potential protectors, or other persons engaged;
D.
Named beneficiaries;
E.
In the event that no beneficiary has yet been named by name: the circle of persons, by category, which can be taken into account as beneficiaries;
F.
Persons entitled to give instructions to the counterparty or its organs;
G.
For revocable constructions, persons authorised to carry out the revocation.

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.

Art. Financial intermediary subject to an authority established by a special law or an institution for occupational foresight exempt from taxes as a counterparty

1 It is not necessary to request a declaration relating to the economic right where the counterparty is:

A.
A financial intermediary within the meaning of s. 2, para. 2, LBA whose domicile or seat is in Switzerland;
B.
A financial intermediary that carries on an activity referred to in s. 2, para. 2, LBA and whose domicile or seat is abroad, if it is subject to equivalent supervision and regulation;
C.
An institution of occupational foresight exempt from taxes within the meaning of s. 2, para. 4, let. B, BA.

2 A declaration relating to the economic right must always be requested from the counterparty:

A.
Whether there is evidence of money laundering or terrorist financing;
B.
Whether FINMA has warned against widespread abuse or against a certain counterparty;
C.
If FINMA has generally warned against the institutions of the country in which the co-contractor has his domicile or seat.
Art. 66 Form of collective investment or partnership as a co-contractor

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:

A.
For collective investment forms and publicly-traded holding companies;
B.
Where, for a form of collective investment or a partnership, a financial intermediary within the meaning of s. 65, para. 1, acts as a sponsor or sponsor and demonstrates that it is subject to appropriate anti-money laundering and anti-terrorist financing rules.
Art. 67 Simple Company

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.

Section 3 Identification of economic right has failed

Art. 68

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.

Chapter 3 Renewal of the verification of the identity of the co-contractor or the identification of the economic right of the heritage values (Art. 5 LBA)

Art. 69 Renewal of 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

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:

A.
The accuracy of the particulars concerning the identity of the counterparty or the holder of the control;
B.
The fact that the co-contractor or the holder of the control is itself the economic right of the heritage values;
C.
The accuracy of the declaration issued by the counterparty or the holder of the control over the economic right of the heritage values.
Art. Breakdown of the business relationship

The IFDS shall break the business relationship as soon as possible in accordance with Chapter 9, Title 1, where:

A.
Doubts about the indications provided by the counterparty or the holder of the control remain at the end of the procedure described in Art. 69;
B.
The suspicion is confirmed that false indications on the identity of the co-contractor, the holder of the control or the economic right of the heritage values were knowingly provided to him.
Art. Verification of the identity of the co-contractor and identification of the holder of the control and economic right of the heritage values within a group

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.

Chapter 4 Business relationships and transactions involving increased risk

Art. 72 Business Relationship Criteria with Increased Risk

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.

Art. Transfer of funds and values

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.

Chapter 5 Obligation to Establish and Maintain Documents

S. 74

1 In particular, IFDS must keep the following documents:

A.
A copy of the documents used to verify the identity of the contracting party;
B.
In the cases provided for in Chapter 2 of this Title, the written declaration of the counterparty concerning the identity of the holder of the control or economic right of the heritage values;
C.
A written note on the results of the application of the criteria set out in s. 13;
D.
A written note or documents relating to the results of the clarifications provided for in s. 15;
E.
Documents relating to transactions carried out;
F.
A copy of the communications within the meaning of s. 9, para. 1, LBA and 305 Ter , para. 2, PC 1 ;
G.
A list of business relationships submitted to the BA.

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.


Chapter 6 Organizational measures

Art. 75 Specialized anti-money laundering service

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.

Art. 76 Internal directives

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.

Title 6 Final and transitional provisions

Art. 77 Repeal of another act

FINMA order of 8 December 2010 on money laundering 1 Is repealed.


S. 78 Transitional provisions

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.

Art. Entry into force

This order shall enter into force on 1 Er January 2016.

Annex

(art. 38)

Money Laundering Indices

1 Importance of Indices

1.1
Financial intermediaries are required to observe money laundering reports indicating business relationships or transactions with increased risks listed below. The indices taken separately do not, as a general rule, allow sufficient suspicion of the existence of a money laundering operation. However, the competition of several of these elements may indicate their presence.
1.2
The plausibility of the client's explanations for the economic background of such operations must be verified. In this regard, it is important that the client's explanations are not accepted without examination.

2 General Indices

2.1
Transactions pose particular risks of money laundering:
2.1.1
When their construction indicates an illegal purpose, when their economic purpose is not recognisable, or even when they appear absurd from an economic point of view;
2.1.2
When the heritage values are withdrawn shortly after being taken into account (passage account), provided that the client's activity does not make such an immediate withdrawal plausible;
2.1.3
When it is not possible to understand the reasons why the customer chose precisely that bank or counter for his business;
2.1.4
As a consequence of the fact that an account, hitherto largely inactive, becomes very active without the possibility of a plausible reason for it;
2.1.5
When they are not compatible with the information and experiences of the financial intermediary concerning the customer or the purpose of the business relationship.
2.2
In addition, a client shall be deemed to be a client who gives to the financial intermediary false or misleading information or who, without any plausible reason, refuses to provide him with the necessary information and documents, allowed by the use of The activity concerned.
2.3
May constitute grounds for suspicion that a customer regularly receives transfers from a bank established in one of the countries considered to be "High risk" Or uncooperative by the "Financial Action Task Force (FATF)", or that a customer makes repeated transfers to such a country.
2.4
May also be a reason for suspicion, the fact that a customer makes repeated transfers to regions in the vicinity of areas of operations of terrorist organisations.

3 Specific Indices

3.1 Cash transactions

3.1.1
Exchange a large amount of bank notes (Swiss or foreign) in small denominations against large denominations.
3.1.2
Significant foreign exchange transactions, without accounting on a client's account.
3.1.3
Cheque cashing, including traveller's cheques, for large amounts.
3.1.4
Purchase or sale of large quantities of precious metals by occasional customers.
3.1.5
Purchase of bank cheques for large amounts by casual clients.
3.1.6
Foreign transfer orders given by occasional clients, without any apparent legitimate reason.
3.1.7
Frequent closing of cash transactions up to amounts just below the limit above which customer identification is required.
3.1.8
Acquisition of bearer shares with physical delivery.

3.2 Account and deposit transactions

3.2.1
Frequent withdrawals of large cash amounts, without the activity of the client justifying such transactions.
3.2.2
Use of means of financing in use in international trade, while the use of such instruments is in contradiction with the activity known to the client.
3.2.3
Accounts used intensively for payments, while those accounts do not receive or receive low payments normally.
3.2.4
Economically absurd structure of the business relations between a customer and the bank (large number of accounts at the same institution, frequent transfers between different accounts, excessive liquidity, etc.).
3.2.5
Provision of guarantees (guarantees, guarantees, etc.) by unknown third parties of the bank which do not appear to be in close contact with the customer or have any plausible reason to give such guarantees.
3.2.6
Transfers to another bank without indication of beneficiary.
3.2.7
Acceptance of transfers of funds from other banks without an indication of the name or account number of the beneficiary or the contracting partner.
3.2.8
Repeated transfers of large amounts abroad with instructions to pay the recipient in cash.
3.2.9
Significant and repeated transfers to or from drug-producing countries.
3.2.10
Provision of security or bank guarantees as security for non-compliant third-party borrowings.
3.2.11
Cash payments by a large number of different people on a single account.
3.2.12
Unexpected repayment and no convincing explanation for a compromise vote.
3.2.13
Use of pseudonyms or numerical accounts in the execution of commercial transactions by craft, commercial or industrial enterprises.
3.2.14
Removal of heritage values shortly after they have been incorporated (passage account).

3.3 Trust Operations

3.3.1
Funds in trust ( Back-to-back loans ) Without lawful purpose recognisable.
3.3.2
Fiduciary retention of interests in unlisted companies, and whose financial intermediary cannot determine the activity.

3.4 Other

3.4.1
Client attempts to avoid personal contact with the financial intermediary.
3.4.2
Request for the edition of information according to Art. 11 A , para. 2, LBA by the Money Laundering Communications Office.

4 Skilled indexes

4.1
Souhait the customer to close an account and open new accounts on his behalf or on behalf of certain members of his family without trace in the bank's documentation ( Paper trail ).
4.2
Souhait the customer to obtain discharge for cash withdrawals or deliveries of securities that were not actually carried out or that were immediately redeposited in the same establishment.
4.3
Hit from the client to make transfer orders with the indication of an incorrect ordering donor.
4.4
Subunit the customer that certain payments are made not directly from his own account, but by means of a Nostro account of the financial intermediary, respectively, "Miscellaneous" accounts.
4.5
Souhait the customer to accept or document credit guarantees that do not correspond to the economic reality or to grant money in a fiduciary capacity on the basis of a fictitious coverage.
4.6
Criminal proceedings against a client of the financial intermediary for crime, corruption, misappropriation of public funds or for a qualified tax offence.