Rs 955.033.0 Order Of 3 June 2015 Of The Federal Supervisory Authority Of Financial Markets On The Fight Against Money Laundering And The Financing Of Terrorism In The Financial Sector (Ordinance Of The Finma 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 authority for supervision of the financial markets on the fight against money laundering and the financing of terrorism in the financial sector (Ordinance of the FINMA on money laundering, OBA-FINMA) of June 3, 2015 (Status January 1, 2016) the federal supervisory authority of financial markets (FINMA), view the art. 17 and 18, al. 1, let. e, of the Act of 10 October 1997 on money laundering (LBA), stop: title 1 General provisions Chapter 1 purpose and definitions art. 1 purpose this order specifies the obligations in the fight against money laundering and the financing of terrorism that financial intermediaries referred to in art. 3, al. 1 must comply.
FINMA takes into account the guidelines of this order when it approves the regulations of self-regulatory bodies referred to in art. 25 LBA and when it recognizes the regulations of self-regulatory bodies referred to in art. 17 LBA as minimum standards.
Self-regulatory bodies can be limited to settle differences compared to this order. In all cases, these discrepancies must be reported.

Art. 2 definitions for the purposes of this order, means: a. domiciliary companies: corporations, companies, institutions, foundations, trusts, trustees and similar constructions, who do not exercise a trade or manufacturing activity or other activity carried on in the commercial form companies. Are not considered as domiciliary companies, societies: 1. who designed the interests of their members or their beneficiaries collectively and by their own means, or who pursue goals political, religious, scientific, artistic, charitable, recreational or similar goals, 2 who hold majority stakes in one or more operating companies in order to bring together them under a single management, through a majority vote or by other means and whose goal is not primarily in the management of the assets of third parties (companies holding and sub-holding companies). The holding company or sub-holding must actually exercise its possibilities of direction and control;

b. cash operations: all cash transaction, in particular the Exchange, purchase and sale of precious metals, the sale of traveler's checks, liberation of bearer securities, of cash and bonds, cashing cheques cash obligations, cash if no business relationships sustainable is related to these transactions; (c) transfer of funds and assets : the transfer of assets to accept Switzerland species, precious metals, virtual currencies, cheques or other payment instruments, then pay the equivalent amount in cash, precious metals, in virtual or cashless using a transmission currencies, a wire transfer or any other use of a system of payment or compensation abroad , or vice versa, if no business relationships sustainable is related to these operations; d. lasting business relationship: a customer relationship registered with a Swiss financial intermediary or followed mainly from the Switzerland and which is not limited to the execution of unique subject activities; e. professional traders of bank notes: the nonbank sector institutions which carry out operations of purchase and sale of bank notes sales or income; f. holder of the control: individuals who control a legal person exercising an operational activity or a partnership, holding directly or indirectly, alone or together with others, a participation of at least 25% of the capital or vote, or in some other way, and which are considered as beneficial owners of these companies engaged in operational activities that they control or failing, which are considered the most senior member of the management body; g. investment within the meaning of the CISA: the investment companies under the law of 23 June 2006 on collective investments with variable capital (SICAV), limited partnerships for collective investments (SCPC) and investment company with fixed capital (SICAF) within the meaning of art. 2, al. 2, let. b, LBA; h. fortune within the meaning of the CISA managers: managers of collective investment schemes according to the CISA, to the senses of the art. 2, al. 2, let. b, LBA.

RS 951.31 Chapter 2 scope of application article 3 scope of application this order applies: a. financial intermediaries within the meaning of the provisions of art. 2, al. 2, let. a to d, LBA; b. financial intermediaries referred to in art. 2, al. 3, LBA which are directly under the supervision of FINMA under art. LBA (IFDS) 14.

In the application of this order, FINMA may take account of the particularities of the activities of financial intermediaries providing relief or by ordering strengthening measures, depending on the risk of money laundering of the activity or the size of the company. It can also take into account the development of new technologies that offer equivalent security concerning the implementation of the duties of care.
FINMA makes public its practice in this area.

Art. 4 Swiss group companies in the case of the IFDS that are a Swiss company belonging to the same financial group as a financial intermediary within the meaning of art. 3, al. 1, let. a, FINMA may provide the audit report of the group shows respect to the LBA and this order.
FINMA publishes a list of the Group companies which it monitors under para. 1 art. 5 branches and group abroad the financial intermediary companies ensures that its branches abroad and its foreign group companies operating in the financial and insurance sector conform to the principles of the LBA and this order: a. the principles laid in the art. 7 and 8 (b) verification of the identity of the Contracting Party; (c) the identification of the holder of the control or the beneficial owner of the assets; (d) the use of a risk-based approach; e. the special duties of clarification in case of increased risk.

This applies in particular for subsidiaries and branches established in reputable countries present increased international risks.
The financial intermediary informs FINMA when local regulations exclude the application of the basic principles of this order, or the result is for him a serious competitive disadvantage.
Disclosure of transactions or suspicious business relationships and, where applicable, the blocking of assets are governed by the provisions of the host country.

Art. 6 overall management of legal risk and risk to reputation the financial intermediary that has branches abroad or directs a financial group with foreign companies must determine, limit and control overall legal risk and reputation risk related to money laundering and the financing of terrorism to which it is exposed.
It must ensure that: a. internal oversight bodies and external auditors of the group have, if necessary, access to information about the business relationships of all the companies of the Group; Neither the constitution of a data bank centrally co-contractors and beneficial owners at the level of the group, or the internal oversight bodies of the Group's centralized access to local data banks is required; b. the companies of the group are at the disposal of the competent bodies of the group the information necessary for the overall management of legal risk and reputation risk.

If a financial intermediary finds that access to information related to contractors, to holders of control or beneficial owners of assets is, in some countries, seriously impeded or excluded for legal or practical reasons, he informs without delay the FINMA.
The financial intermediary that is part of a Swiss financial group or international guarantees the internal supervisory bodies or external auditors of the group access, in case of need, to information about business relationships identified, to the extent necessary to the overall management of legal risk and reputation risk.

Chapter 3 principles art. 7 prohibited assets it is forbidden to the financial intermediary to accept assets which he knows or must assume that they are a crime or a qualified tax offence, even if the crime or offence has been committed abroad.
Acceptance by negligence of heritage values from a crime or a qualified tax crime can call into question the guarantee of irreproachable activity required of the financial intermediary.

Art. 8 prohibited business relations the financial intermediary must maintain no business relationship:

a. with any companies or persons which he knows or must presume that they finance terrorism or constitute a criminal organization, that they are members of such an organization or that they support such an organization; b. with banks that have no physical presence in the State under the law of which they are organized (shell banks), unless they are part of a financial group subject to consolidated oversight.

Art. 9 violation of the provisions the breach of the provisions of this order or a self-regulatory recognized by FINMA can question the guarantee of irreproachable activity required of the financial intermediary.
Serious offences may result under art. 33 of the Act of June 22, 2007 on the monitoring of financial markets (FINMASA), a disqualification and, under art. 35 FINMASA, confiscation of the gain acquired through these offences.

RS 956.1 Chapter 4 duties of general care art. 10 indications during transfers for transfer orders, the financial intermediary of the client indicates the name, account number and address of the principal as well as the name and the account number of the beneficiary. In the absence of account number, a reference number attached to the transaction must be indicated. The address of the originator can be replaced by the place and date of birth, the customer number or national identity number of the payer.
For orders in Switzerland, it may be confined to the indication of a reference number or account number linked to the transaction, provided that it is able to provide other details of the customer to the intermediary of the beneficiary and the competent Swiss authorities, at their request, within a period of three working days.
For transfer orders national serving in the payment for goods and services, it may follow the procedure described in para. 2 if it is not possible, for technical reasons, according to para. 1. the financial intermediary informs adequately the principal on its data transmission the payment traffic.
The financial intermediary of the recipient determines the procedure for receipt of transfer orders with incomplete information on the payer or the recipient. It follows in this framework a risk-based approach.

Art. 11 waiver in respect of the duties of care in the event of lasting business relationships with counterparties in the area of the means of payment for the traffic of cashless payments which serve exclusively to pay cash for goods and services, the financial intermediary may waive comply with due diligence: a. If the payments cannot exceed 1000 francs per transaction and 5000 francs per calendar year and Contracting; potential refunds of the means of payment are only made to accounts opened at banks authorized in Switzerland or equivalent monitoring overseas banks and denominated in the name of the other party and may not exceed 1000 francs a refund; b. If payments to dealers in Switzerland cannot exceed 5000 francs per month and 25 000 francs per calendar year per Contracting Party shipments being made exclusively to the debit and refunds possible means of payment exclusively to the credit of an account payable to the other party a bank authorised in Switzerland; c. If payment cannot be used within a network of suppliers or service providers and turnover exceed not 5000 francs per month and 25 000 francs per calendar year and Contracting; Oud. in the case of financial leasing and the royalties each year, the included value added tax, does not exceed 5,000 francs.

In case of lasting business relationships with counterparties in the area of the means of payment for the traffic of the cashless payments that is not exclusively for the payment of goods and services cashless, the financial intermediary may be waived to abide by the obligations of diligence, if the amount that can be made available by means of payment exceeds not 200 francs a month and that payments are made exclusively to the flow rate and the potential of the medium reimbursement payment exclusively to the credit of an account payable to the other party a bank authorised in Switzerland.
In the case of non-rechargeable means of payment, the financial intermediary may waive comply with due diligence: a. If equity is used exclusively to permit the other party to pay goods and services acquired; b. in electronic form if the amount made available does not exceed 250 francs per data carrier; etc. If the amount put at disposal does not exceed 1500 francs per operation and per Contracting Party.

The financial intermediary may waive to comply with duties of care only if it has sufficient technical equipment to detect an overflow of the thresholds. It must also take measures to avoid any possible combination of the limits of amount as well as any violation of this provision. Are reserved the art. 14 and 20 concerning the monitoring of transactions. Is also reserved the art. 10 for as long as it applies...
At the request of organizations of self-regulation or financial intermediaries referred to in art. 3, al. 1, FINMA may authorise further exceptions to the respect of due diligence according to the MLA for lasting business relationships, if a risk of low money laundering within the meaning of art. 7A LBA is shown.

Art. 12. duty of care simplified for issuers of payment means the issuer of means of payment is released from the obligation to have in his file of copies of the documents used for the identification of the other party as well as for the identification of the holder of the control and the beneficial owner of the assets, insofar as he concluded with a bank authorised in Switzerland a delegation agreement that : a. Bank communicates to the issuer of the payment method information about the identity of the other party, holder of the controls and the beneficial owner of the assets; (b) the bank informs the issuer of the payment if the Contracting Party, of the controlling person or the beneficial owner of the assets is a politically exposed person; c. the Bank immediately informs the issuer of the payment of the changes made to the information referred to in the let. a and b; d. payment sender responds to requests for information from the competent Swiss authority and refers to the correspondent bank for the eventual delivery of documents.

For business relationships concluded directly and opened by correspondence, the issuer of payment methods does not get certificate of authenticity for the copies of the identification documents: a. If it is not possible to draw cash or payments exceeding 10,000 francs per month and per Contracting Party by means of payment used to pay without cash for goods and services and withdraw cash , for which a have recorded in electronic form determines the transactions; (b) if the limit for payment without cash for goods and services and for cash withdrawal is greater than not 25 000 francs per month and contracting for the means of payment for which transactions are charged subsequently; c. If the funds received by individuals or to individuals exceed not 1000 francs a month and 5000 francs per calendar year per Contracting Party for payment authorizing the payment without cash between individuals domiciled in Switzerland; Oud. If the funds received by individuals or paid to individuals do not exceed 500 francs per month and 3,000 francs by calendar year and counterparty for payment authorizing the cashless payment traffic between individuals without restriction of domicile.

If the issuer of means of payment referred to in paras. 1 and 2 has obtained, under the supervision of transactions, information about a transmission of the payment to a person who has no recognizable close relationship with the other party, it must again to identify the counterparty and the beneficial owner of the means of payment.

Chapter 5 special diligence Obligations art. 13 business relationships with increased risks the financial intermediary fixed criteria indicating the presence of increased risk.
Enter into account, according to the field of activity of the financial intermediary, the following criteria:

a. headquarters or the domicile of the Contracting Party, of the holder of the control or the beneficial owner of the assets as well as the nationality of the contracting partner or the beneficial owner of the assets; (b) the nature and the location of the activity of the other party or the beneficial owner of the assets; c. failure to meet with the other party and the beneficial owner; (d) the type of services or products requested; e. the importance of heritage values discounts; e. the importance of the inputs and outputs of assets; (g) the country of origin or destination of frequent payments; h. the complexity of the structures, including in the case of domiciliary companies use.

Must be considered in all cases as business relationships with increased risks: a. business with foreign people relationships politically exposed; b. business relationships with people close to the people according to the let. a, in accordance with art. 2, art. 2, LBA; c. business with foreign banks for which a Swiss financial intermediary performs activities of correspondent bank relationships.

Should be considered as business relationships with increased risks in relation to one or more additional risk criteria: a. business relationships with politically exposed in Switzerland people; b. the business relationships with politically exposed persons exercising positions in intergovernmental organizations; c. the business relationships with people close to the persons within the meaning of the let. a and b, in accordance with art. 2, art. 2, LBA; d. the business relationships with politically exposed persons exercising international leadership positions within sports federations; e. business relationships with people close to the people according to the let. d, in accordance with art. 2, art. 2, LBA.

According to the al business relationships. 3, let. a and b, and 4 must be considered as business relationships with increased risk, regardless of whether those involved act in quality: a. Contracting Party; b. the controlling owner c. beneficial owner of the assets; d. person with power of attorney.

The financial intermediary determines business relationships with increased risks, and referred to as such for internal use.

Art. 14 transactions risk increased the fixed financial intermediary of the criteria of detection of transactions involving increased risks.
Enter into account, according to the field of activity of the financial intermediary, the following criteria: a. the importance of inputs and outputs of assets; b. the existence of significant differences in relation to nature, the volume or frequency of transactions usually performed as part of the business relationship; (c) the existence of significant differences in relation to nature, the volume or frequency of transactions usually performed under comparable business relationships.

Are considered in all cases involving increased risk transactions in which, at the beginning of a business relationship, assets of a value greater than CHF 100,000 are made physically in once or in instalments so.

Art. 15 additional clarifications in the event of increased risks in the case of relationships and business transactions with increased risks, the financial intermediary undertakes, in a measure proportionate to the circumstances, additional clarifications.
Depending on the circumstances, it is necessary to establish particular: a. If the other party is the beneficial owner of heritage values discounts; b. the origins of given assets; c. to what end the levied assets are used; (d) the economic background of payments entering important and if they are plausible; (e) the origin of the fortune of the counterparty and the beneficial owner of the business or the assets; f. professional activity or commercial exercised by the Contracting Party and the beneficial owner the company or assets; (g) if the Contracting Party, of the controlling person or the beneficial owner of the assets are politically exposed persons.

Art. 16 means of clarification according to the circumstances, clarification include: a. making written information and oral with the co-contractors, holders of the control or the beneficial owners of the assets; (b) visits to the places where the co-contractors, control holders or beneficial owners of assets conduct their business; c. a consultation of sources and databases accessible to the public; d. as appropriate information from trusted individuals.

The Broker checks to see if the results of the clarifications are plausible and documents.

Art. 17 additional clarifications as the financial intermediary which found an increased risk in a business relationship is further clarifications as soon as possible.

Art. 18 admission of business relationships the admission of business relationships with increased risk increased risk requires the agreement of a superior, a superior body or the management.

Art. 19 management's responsibility to its highest level in case of risks increased management at its highest level or one of its members at least decides: a. the admission of business relationships with risk according to art. 13, al. 3 and 4, let. a to c, and, every year, for the continuation of business under art. 13, al. 3, let. a and b, and 4, let. a-c; (b) the implementation, monitoring and evaluation of the regular controls on all business relationships with increased risks.

Financial intermediaries with a very large fortune management activity and structures with many hierarchical levels may delegate this responsibility to the management of a business unit.

Art. 20 monitoring of transactions and business relationships the financial intermediary shall ensure the implementation of effective monitoring of transactions and business relationships and ensures the detection of increased risks.
For the monitoring of transactions, banks and traders in securities using a computer system helping to detect transactions involving risk within the meaning of art. 14. the transactions detected by the computerized surveillance system should be reviewed within a reasonable time. If necessary, additional clarifications under art. 15 must be undertaken.
Banks and securities dealers with little to co-contractors and beneficial or does only a few transactions may waive the use of a computerized monitoring system, insofar as they load their audit company annually to control their monitoring of transactions of scope "audit".
FINMA may require an insurance institution, of a fund management company, an investment within the meaning of the CISA company, an asset manager in the sense of the CISA or an IFDS they introduce a monitoring system computerized transactions, if necessary for the effectiveness of surveillance.

Art. 21 tax offence qualified to fix the criteria to identify new business relationships as well as existing business relationships with increased risks in connection with a qualified tax offence or to determine such business relationships, financial intermediaries can rely on the maximum tax rate of the country of tax residence of the client to determine whether exempt taxes have reached the threshold of 300 000 francs art. 305, section 1, of the criminal code (CP). They are not required to determine individual taxable items for the business relationship.

RS 311.0 Chapter 6 duty to establish and maintain documents art. 22. the financial intermediary establishes, organizes and maintains its documentation to ensure one of the following persons or authorities can be done within a reasonable time a reliable opinion on compliance with the obligations in the fight against money laundering and the financing of terrorism: a. the FINMA; b. an audit charge designated by it in accordance with art. 25 FINMASA; c. a load of inquiry appointed by it in accordance with art. 36 FINMASA; d. an audit firm approved by the authority of review oversight.

It establishes, organizes and maintains its documentation in order to proceed within a reasonable time, documents in support, requests for information and receiver of the criminal prosecution authorities or other authorities empowered.

RS 956.1 Chapter 7 measures organizational art. 23 new products, practices and technologies


The financial intermediary will ensure that the risk of money laundering money and financing of terrorism related to the development of new products and practices or to the use of technology news or developed for new or existing products are evaluated in advance and, if necessary, identified, limited and controlled appropriately in the context of risk management.

Art. 24 specialized anti-money laundering financial intermediary service designates one or more qualified persons forming the specialized service to combat money laundering and the financing of terrorism. This service provides support and advice to officials of the reporting lines and the direction for the implementation of this order, without however away from their responsibility in the matter.
The specialized anti-money laundering prepares internal guidelines in the fight against money laundering and the financing of terrorism; It plans and supervises the internal training in the fight against money laundering and the financing of terrorism.

Art. 25. other tasks of the specialized service of anti-money laundering in addition to the tasks referred to in art. 24, the specialized service to combat laundering or another independent service ensures compliance obligations in the fight against money laundering and the financing of terrorism. In particular: a. it monitors execution of internal guidelines in the fight against money laundering and the financing of terrorism in accordance with the internal auditors, the audit company, and officials of the hierarchical lines; b. it sets the parameters of the system of monitoring of transactions referred to in art. 20; c. it's review of ads generated by the transaction monitoring system; d. there been or is itself the additional clarifications under art. 15; (e) ensures that the executive body competent to decide on admission or the pursuit of business according to art. 19 receives the information needed to make decisions.

Anti-money laundering the specialized department or another independent service establishes a risk analysis in the context of the fight against the financing of terrorism and money laundering, also in terms of the field of activity and the nature of business managed by the financial intermediary, and takes into account such headquarters or the customer's home segment customers managed as well as the products and services available. The risk analysis must be adopted by the Board of directors or the management at his highest level body; It must be updated periodically.
Internal person in charge of monitoring within the meaning of para. 1 can't control business relations which it is itself directly responsible.
The financial intermediary may also, under his responsibility, the tasks of the specialized anti-money laundering service to external specialists: a. If, due to its size or its organization, it is not able to set up its own service specialized; forgotten the source. If the creation of such a service would be disproportionate.

Art. 26 internal guidelines the financial intermediary establishes internal guidelines in the fight against money laundering and the financing of terrorism and shall communicate them to the persons concerned in an appropriate form. The directives must be adopted by the Board of directors or management at its highest level.
Internal guidelines should in particular address: a. the criteria for the determination of business relationships with risk according to art. 13; (b) the criteria for the detection of transactions involving risk according to art. 14, al. 1 and 2; c. the principles applicable to the system of monitoring of transactions according to art. 20; (d) the cases in which the internal service specialized in the fight against money laundering must be consulted and the Management informed at his highest level e. principles governing the training of employees; f. the company policy regarding people politically exposed; g. the competence for communications at the Office of communications (communication office) money laundering; h. the terms according to which the financial intermediary determines limit and control the increased risk; i. amounts limits according to art. 13, al. 2, let. e and f, and 14, al. 2, let. a; j. criteria according to which it may be appealed to third parties under art. 28; k. distribution of other tasks and the skills internally to the company between the specialized anti-money laundering and other business units responsible for applying due diligence.

Art. 27 integrity and training the fight against money laundering and financing of terrorism requires integrated and adequately trained personnel.
The financial intermediary ensures that personnel are selected carefully and that all affected employees receive regular training. This course covers the key aspects for them in the fight against money laundering and the financing of terrorism.

Chapter 8 use of third-party art. 28 conditions the financial intermediary may, by written agreement, delegate to individuals or companies checking the identity of the customer, the identification of the holder of the control or the beneficial owner of the assets and the required additional clarifications, provided: a. what he selects carefully the third party delegated; b. he gives him instructions on the task at hand; etc. it is able to control if the third delegate respect due diligence.

He may assign, without written agreement, tasks related to these duties of care: a. at a service in a group, if applicable due diligence standards are equivalent; forgotten the source. in an another financial intermediary, if it is subject to supervision and equivalent regulations in the fight against money laundering and the financing of terrorism and he has taken steps to meet its obligations of due diligence in an equivalent way.

The third parties to which it is made is not entitled to use the services of other persons or companies.
Are reserved delegation agreements pursuant to art. 12, al. 1, if the delegate is also a financial intermediary authorised in Switzerland.

Art. 29 terms of third parties accessing the financial intermediary continues to meet under the surveillance law, in all cases, the performance of the tasks for which it has used the services of individuals and companies under art. 28. He must have in his file a copy of the documents used to fulfil the obligations in the fight against money laundering and the financing of terrorism and confirms in writing that the copies received by him are consistent with the original documents.
He examines himself the plausibility of the results of additional clarifications.

Chapter 9 continuation of the business relationship and communication art. 30 behavior after the financial intermediary may decide on its own to the continuation of the business relationship: a. If, within a period of twenty working days following a communication according to art. 9, al. 1, let. a, LBA, the office of communications: 1. did not inform him, informs 2. it that the communication will not be forwarded to the prosecution authorities, informs 3. it that the communication will be transmitted to a criminal prosecution authority and that from this moment he receives any decision of the authority of prosecution within a period of five working days;

(b) If, after a communication according to art. 9, al. 1, let. c, LBA, it receives any decision of the authority of prosecution within a period of five working days; c. If, after a communication according to art. 305, al. 2, CP, it receives a communication from the office of communications that the communication will not be passed to a criminal prosecution authority, oud. If, after a blockage ordered by the authority of prosecution on the basis of a communication according to art. LBA 9 respectively on the basis of art. 305, al. 2, CP, he is informed of its lifting, subject to other communications of the criminal prosecution authority.

The financial intermediary who does not want to continue the business relationship may permit the withdrawal of important heritage values in a form allowing the prosecution authorities to trace (paper trail).

RS 311.0 art. 31 doubts on the business relationship and the right to communication when a broker has no suspicion according to art. 9, al. 1, let. a, LBA or reasons according to art. 9, al. 1, let. c, LBA but has clues based suspicion that assets come from a crime or a qualified tax crime or serve to the financing of terrorism, it can make use of its right of communication within the meaning of art. 305, al. 2, CP and communicate these indices to the office of communications.

If he does not exercise his right of communication while he has doubts regarding the business relationship with significant heritage values, it documents in the reasons.
If he decides to pursue a dubious business relationship, it is required to maintain under strict surveillance and to examine it in the light of the evidence of money laundering or financing of terrorism.

RS 311.0 art. 32 out of the business relationship when the Broker puts an end to a dubious business relationship without communication because of lack of suspicions of laundering of money or financing of terrorism, it cannot permit the withdrawal of important heritage values in a form that allows the criminal prosecution authorities, if necessary, to keep track of the transaction (paper trail).
The financial intermediary cannot break a dubious business relationship or allow the withdrawal of amounts where there are concrete signs of the imminence of an authority security measures.
When the conditions of a communication in the sense of art. 9 LBA to the office of communications are met or if the financial intermediary exercises its right of communication according to art. 305, al. 2, CP, the business relationship with the other party cannot be broken.

RS 311.0 art. 33 execution of orders of the customer in accordance with art. 9A LBA, the broker executes customer orders, dealing with significant heritage values, in a form that allows to keep track of the transaction (paper trail).

Art. 34 information the financial intermediary informs FINMA of communications addressed to the office of communications concerning business relations with significant heritage values. He informs including FINMA when there is reason to think, in view of the circumstances, the case resulting in the communication will have consequences on the reputation of the financial intermediary or the issue of the financial centre.
When he informs another financial intermediary under art. 10a LBA, it records this fact in an appropriate form.

Title 2 special provisions applicable to banks and traders in securities art. 35 obligation to verify the identity of the other party, to identify the holder of the control and the beneficial owner of the assets for the verification of the identity of the other party as well as the identification of the holder of the control and the beneficial owner of the assets, banks and traders in securities are subject to the provisions of the Convention of 1 June 2015 on the duty of diligence (CDB 16) banks.

The convention can be found for free on the site of the Swiss Association of bankers: www.swissbanking.org art. 36 professional trade of bank notes bank notes professional trade is allowed with bank notes dealers who meet the criteria of a trustworthy bank correspondence relationship.
Before establishing a relationship with a dealer in banknotes, the financial intermediary must inquire about the business of the dealer and get business information and references.
It sets limits of turnover and of credit for its professional trade bank notes in its entirety and individually for each Contracting Party. He must reconsider these limits at least once a year and permanently to ensure that they are met.
A financial intermediary who practices the trade of banknotes in a professional manner is developing guidance to this effect which must be adopted by the management at its highest level.

Art. 37 relations of correspondent bank with foreign banks the General provisions of the present order, with the exception of art. 28, al. 2, let. b, also apply to correspondent bank relationships.
The financial intermediary who trades of correspondent bank for a foreign bank ensures properly he is forbidden to enter into business relationships with shell banks.
In addition to the clarifications referred to in art. 15, it must also, depending on the circumstances, clarify controls by the co-party in the fight against money laundering and the financing of terrorism. Regarding the scope of clarifications, it must consider whether the counterparty is subject to regulations in the fight against money laundering and the financing of terrorism and adequate monitoring.
It guarantees the transmission of all information received, necessary for transfer orders. It regulates the procedure to follow if he receives orders of transfer containing obviously incomplete information repeatedly. It follows in this framework a risk-based approach.

Art. 38 criteria of transactions involving increased risks are considered as involving increased risks, in addition to the transactions within the meaning of art. 14, those who show signs of money laundering (annex).

Art. 39 obligation to establish and maintain records in accordance with art. 22, the financial intermediary organizes its documentation to be particularly able to indicate in a reasonable period of time which is the originator of an outbound transfer order, and if a company or a person: a. is the Contracting Party, of the controlling person or the beneficial owner of the assets; b. has performed an operation of Fund requiring verification of the identity of the persons concerned; c. has a durable power of attorney on an account or deposit insofar as it is not already in an official register.

Title 3 special provisions for fund managers, investment companies in the sense of the CISA and wealth managers in the sense of the art of the CISA. 40 fund management and investment within the meaning of the CISA companies according to the art fund managers. 2, al. 2, let. b, LBA and investment within the meaning of the CISA companies must verify the identity of the subscriber upon subscription of unlisted IPO Swiss collective investment and identify the holder of the control or the beneficial owner of the assets, if the purchase exceeds the amount of 25 000 francs.
They are not required to demand explanations of the controlling owner or the beneficial owner of the assets during the subscription, if the Subscriber is a financial intermediary as defined in art. 2, al. 2, let. a to d, LBA or a foreign financial intermediary that is regulated in the fight against money laundering and the financing of terrorism and a prudential supervision.
When a fund management, a fund or an investment fund entrusts the performance of the obligations of due diligence and documentation of the collective investment scheme to the custodian bank or a SCPC entrusted execution at a bank authorised in Switzerland, they are not required to comply with the conditions under art. 28, al. 3 and the conditions under art. 29, al. 2. the custodian bank or the Bank may use the sous-delegataires if she meets the conditions under art. 28, al. 1 or 2 and the terms according to art. 29, al. 2 and 3. Fund management and investment within the meaning of the CISA companies are responsible for the fulfilment of those obligations under the surveillance law.
The CBD 16 applies to the methods used for the identification of the other party and the finding of the holder of the control and the beneficial owner of the assets as well as to the other defining possible fund management activities in the light of the LBA.

The convention can be found for free on the site of the Swiss Association of bankers: www.swissbanking.org art. 41 wealth managers in the sense of the CISA of collective investments of foreign capital asset managers within the meaning of the CISA of collective investments of foreign capital not listed must identify the Subscriber and the controlling owner or the beneficial owner of the assets of the collective of foreign capital investment: a. If the collective foreign capital investment or his wealth management company are subject to regulation in material to combat money laundering and the financing of terrorism and to adequate prudential supervision; (b) if they do not provide evidence of the application of regulation in the fight against money laundering and the financing of terrorism by another financial intermediary subject to adequate prudential supervision; etc. If the amount invested exceeds 25 000 francs.

They are not required to obtain statements of the controlling person or the beneficial owner of the assets, if the Subscriber is a financial intermediary as defined in art. 2, al. 2, let. a to d, LBA or a foreign financial intermediary that is regulated in the fight against money laundering and the financing of terrorism and a prudential supervision.

The CBD 16 applies to the methods used for the identification of the other party, the holder of the control and the beneficial owner of the assets as well as to the other defining the asset manager any activities under the MLA.

The convention can be found for free on the site of the Swiss Association of bankers: www.swissbanking.org Title 4 special provisions applicable to insurance institutions art. 42 rules of the self-regulatory body of the Switzerland Insurance Association for the fight against money laundering due diligence of the insurance institutions are governed by the provisions of the regulation of June 12, 2015, of the self-regulatory body of the Switzerland of Insurance Association for the fight against money laundering.
Are reserved the art. 6 and 20, al. 5. the regulations may be consulted free of charge on the website of the self-regulatory body of the Switzerland Insurance Association for the fight against money laundering: www.sro-svv.ch art. 43 exceptions are not due diligence according to the LBA contracts of insurance of the pillars 2 and 3 or of pure risk insurance.

Title 5 special provisions applicable to the IFDS Chapter 1 Verification of the identity of the other party (art. 3 LBA) art. 44 information required when establishing a business relationship, the IFDS requires from the other party the following information: a. for physical persons and holders of individual reasons: name, first name, date of birth, home address and nationality; (b) for legal persons and partnerships: the name and address of the seat.

If a Contracting Party is a national of a State in which dates of birth or home addresses are not used, the obligation to provide this information does not apply. This derogation must be motivated in a note to file.
If the other party is a corporation or a partnership, the IFDS becomes aware of the powers of representation of the other party relating to this person, documents them and verifies the identity of persons who establish the business relationship on behalf of the legal person or the partnership.

Art. 45 persons and holders of individual reasons when establishing a business relationship with an individual or a holder of an individual right, the IFDS verifies the identity of the other party on the basis of an identity document of the other party.
When the business relationship is established unless both parties are met, the IFDS also checks by correspondence or by other equivalent means home address and class a certified copy of the identification documents in his file.
All identity documents issued by a Swiss or foreign authority and provided with a photograph are allowed.

Art. 46 simple companies when establishing a business relationship with a single company, the IFDS identifies the Contracting Party, by checking either: a. the identity of all the partners; forgotten the source. the identity of persons authorized to sign for the IFDS and at least one partner.

Art. 45, al. 2 and 3, shall apply by analogy.

Art. 47 persons, partnerships, and authorities when establishing a business relationship with a corporation or a partnership registered in the Swiss trade or on a foreign register register equivalent, the IFDS verifies the identity of the other party on the basis of one of the following documents: a. an extract from the register issued by the officer to the registry; b. an excerpt on paper from a database administered by the authorities of the register; c. an excerpt on paper a directory or a database, managed by a private company, and provided that they are reliable.

The identity of legal entities and partnerships which are not entered in the Swiss Register of commerce or an equivalent foreign register is verified on the basis of one of the following documents: a. the statutes, the Act or the Foundation Agreement, a certificate of the Auditors, official authorisation to exercise an activity or an equivalent document; b. a paper excerpt of a directory or a database If they are reliable and administered by a private company.

The authorities must be identified using a status or an appropriate decision or other documents or equivalent sources.
At the time of identification, the extract from the register, the certificate of the Auditors as well as the extract directory or database must not older than 12 months and be up-to-date.

Art. 48 form and document processing the IFDS is return the originals of identity documents or a certified copy.
He class a copy certified compliant in the record or is reviewing the original or a copy certified a copy of the document which is presented to him, which he mentions; He date and sign the copy.
Are reserved relief according to the art. 3, al. 2, and 12.

Art. 49 certificate of authenticity the certificate of authenticity of the copy of the identification document can be delivered by: a. a notary or a public body which issues usually such authentications; b. a financial intermediary within the meaning of art. 2, al. 2 or 3, LBA, whose residence or seat is in Switzerland; c. a lawyer allowed in Switzerland; d. a financial intermediary who carries on an activity referred to in art. 2, al. 2 or 3, LBA, whose residence or seat is abroad, if he is subject to surveillance and equivalent regulations in the fight against money laundering and the financing of terrorism.

A copy of the ID in the database of a certification services provider recognized under the law of 19 December 2003 on the electronic signature combined with corresponding electronic authentication by the other party constitutes a valid authenticity certificate. This copy of the identity card must be requested when the establishment of a qualified certificate.

SR 943.03 art. 50 waiver to the certificate of authenticity and lack of the IFDS identification documents may waive the certificate of authenticity if it expects other measures to verify the identity and address of the other party. The measures taken must be documented.
If the other party has no identification document within the meaning of this order, his identity may, exceptionally, be verified on the basis of additional evidence. This derogation must be motivated in a note to file.

Art. 51 cash transactions when one or several transactions appearing related between they meet or exceed the following amounts, the IFDS must verify the identity of the other party: a. 5000 francs in a foreign exchange transaction; b. 25 000 francs at any other cash operations.

When other operations within the meaning of para. 1 and art. 52 are conducted with a same Contracting Party, the IFDS may waive verify the identity of the latter after ensuring that the other party is the person whose identity has been verified during the first operation.
In all cases, it must verify the identity of the other party in the presence of evidence of laundering of money or financing of terrorism.

Art. 52 transmission of funds and values in case of transfer of funds or of values from Switzerland to abroad, the identity of the other party must in all cases be verified.
In the case of transfer of funds or of values from abroad in Switzerland, the recipient of the payment should be identified, if one or several transactions that appear to be linked to exceed the amount of CHF 1,000. If there is evidence of laundering of money or financing of terrorism, the identity of the beneficiary of the transfer of funds and values must in all cases be verified.

Art. 53 persons, partnership and well-known authorities the IFDS may abstain to verify the identity of a corporation, a partnership or an authority if the other party is well-known. The identity is particularly well known when the other party is a society open to the public or is related directly or indirectly to such a society.
If the IFDS does not verify the identity of the other party, it indicates the pattern in file.

Art. 54Obligations identification of investment companies publicly traded investment companies that are publicly traded must verify the identity of the purchasers of equity if the threshold of 3%, giving rise to the obligation to report within the meaning of the law of 19 June 2015 on the infrastructure of financial markets (FMIA). The IFDS may waive the certificate of authenticity.

New content according to section II 2 of Schedule 2 to the O of the FINMA on Dec. 3. 2015 on the infrastructure of financial markets, in effect since Jan. 1. 2016 (2015 5509 RO).
RS 958.1 art. 55 failed verification of the identity of the other party any transaction can be performed before obtaining full in the context of a relationship of business, documents and information required for the verification of the identity of the other party.

When the identity of the other party could not be verified, the IFDS refuses to establish a business relationship or breaks it in accordance with the provisions of title 1, Chapter 9.

Chapter 2 Identification of the beneficial owner of a company and heritage values (art. 4 LBA) Section 1 holder control art. 56 principle if the other party is a corporation or a partnership not publicly traded exercising an operational activity or a subsidiary majority controlled by such a society, the IFDS must ask the other party a written statement indicating the owners control who hold, directly or indirectly, alone or agreement with any third party, at least 25% of the voting rights or of the capital of the company.
If the company is not controlled by people according to para. 1, the IFDS must ask the other party a written statement indicating that controls the company in any other way as the controlling owner.
If it is not possible to identify holders of control within the meaning of the al. 1 and 2, the IFDS must apply to the other party, without the controlling owner, a written statement indicating the person assuming the direction.
The al. 1 to 3 apply to the admission of business relationships sustainable and in all cases to the transmissions of funds and values of Switzerland abroad.
The al. 1 to 3 apply to cash transactions, if one or several transactions that appear to be linked to exceed the amount of 25 000 francs. The IFDS request the written statement no later than immediately after the execution of the transaction.

Art. 57 information required the Contracting Party's written statement concerning the holder of the control shall give an indication on the name, first name and address of home.
If the holder of the control is from a country not using home addresses, this indication may be omitted. This derogation must be motivated in a note to file.

Art. 58 exceptions to the obligation to identify the IFDS should not ask for written statement on the holder of the control, if the Contracting Parties are: a. publicly traded companies or a subsidiary majority controlled by such a corporation; b. authorities; c. banks, traders in securities, fund managers, investment companies within the meaning of the CISA, managers of fortune in the sense of the CISA life insurance or pension funds professional companies exempt from taxes which have their headquarters in Switzerland; d. banks, traders securities, fund managers, investment companies within the meaning of the CISA, managers of fortune in the sense of the CISA, the life insurance companies who have their headquarters or their home abroad, for as much as they are subject to supervision equivalent to the Swiss; e right. other financial intermediaries who have their seat or their homes abroad, if they are subject to regulation in the fight against money laundering and the financing of terrorism and an adequate prudential supervision; f. simple corporations.

Section 2 beneficial owner of the assets art. 59 the IFDS principle requires the Contracting Party a written statement indicating the identity of the individual who is the beneficial owner of the assets when the counterparty is not the beneficial owner, or when there is a doubt that the other party is the beneficial owner, in particular: a. when a person who cannot clearly have strong enough ties with the other party has a power of Attorney that allows the removal of assets; b. when heritage values given are clearly out in proportion to the financial situation of the other party; c. when contacts with the other party led him to other unusual; d. when the business relationship is established without a meeting took place with the other party.

The IFDS must apply to legal persons or partnerships unlisted an operational activity a written statement about the individual who is the beneficial owner of the assets, in the presence of concrete evidence that the Corporation or the partnership engaged in operational activities has assets to a third party or if it is known.
When there is evidence of laundering of money or financing of terrorism, the IFDS must require the Contracting Party a written statement indicating the identity of the beneficial owner of the assets.
If the IFDS has no doubt about the fact that the other party is the beneficial owner of the assets, it must document it in an appropriate form.

Art. 60 information required the written declaration the Contracting Party regarding the beneficial owner of the assets must contain the following information: name, first name, date of birth, home address and nationality.
The declaration may be signed by the other party or by an authorized person. In the case of legal persons, the declaration must be signed by a person authorized according to the documentation of the company.
If economic law is a national of a State in which dates of birth or home addresses are not used, the obligation to provide this information does not apply. This derogation must be motivated in a note to file.

Art. 61 cash transactions when one or several transactions appearing linked reach or exceed the amount of 25 000 francs, the IFDS requires the other party a written statement indicating the identity of the beneficial owner of the assets.
It must in any case claim such a statement: a. in the case of doubt that the Contracting Party, of the controlling person or the beneficial owner of the assets are the same people. forgotten the source. When there is evidence of laundering of money or financing of terrorism.

Art. 62 transmission of funds and values a statement regarding the beneficial owner of the assets must in all cases be requested in case of transfer of funds or of Switzerland values abroad.

Art. 63 the IFDS domiciliary companies must always require the Contracting Party a written statement indicating the identity of the beneficial owner when the counterparty is a domiciliary company.
The following indices in particular indicates the existence of a domiciliary company: a. it does not its own premises, as is notably the case if a "c/o" address or a seat with a lawyer, with a trust or bank company is indicated; b. it doesn't have its own staff.

If, despite the presence of one or two indices mentioned in para. 2, the IFDS decides that the other party is not a domiciliary company, it pays to file a written note describing the reasons for his decision.
The listed companies and the subsidiaries mainly controlled by such companies should not provide a statement of their beneficial owners.

Art. 64 organized groups of individuals, trusts and other assets held in the case of organized groups of individuals, trusts and other organized heritages, the IFDS must require the Contracting Party a written statement concerning the following persons: a. the effective founder; b. the trustees c. potential Trustees, potential protectors or the other people involved; d. beneficiaries named; e. where no beneficiary would have still been named : the circle of people, by category, that can enter into account as beneficiaries; f. persons authorized to give instructions to the other party or to its bodies; g. for removable constructions, persons authorized to proceed with the revocation.

The al. 1 apply by analogy to companies operating as organized groups of individuals, trusts and other organized heritage.
An IFDS that establishes a business relationship or perform a transaction as a trustee is identified as such on the financial intermediary, the Contracting Party or the transaction partner.

Art. 65 financial intermediary subject to an authority established by a special law or professional pension fund exempt from taxes as a Contracting Party is not necessary to request a declaration on the beneficial owner when the other party is: a. a financial intermediary within the meaning of art. 2, al. 2, LBA whose residence or seat is in Switzerland; b. a financial intermediary who carries on an activity referred to in art. 2, al. 2, LBA and whose domicile or seat is abroad, if he is subject to surveillance and equivalent regulations; c. a professional pension fund exempt from taxes within the meaning of art. 2, al. 4, let. b, LBA.

A statement to the beneficial owner must always be requested of the other party: a. If there is evidence of laundering of money or financing of terrorism; b. If FINMA has warned against widespread abuse or a certain other party; c. If FINMA has warned in General against the institutions of the country where the other party is domiciled or headquartered.


Art. 66 form of collective investment or company of participations as a Contracting Party when the other party is a form of collective investment or a holdings company which includes up to 20 investors, the IFDS should request a declaration concerning economic rights holders.
When the other party is a form of collective investment or a holdings company which includes more than 20 investors, the IFDS must make a statement concerning beneficial owners if the forms of investment or equity companies are subject to no supervision and adequate regulation relating to the fight against money laundering and the financing of terrorism.
There is not place to ask for a declaration on the economic right: a. to forms of mutual funds and investments companies publicly traded; b. when, for a form of collective investment or a Holdings Company, a financial intermediary within the meaning of art. 65, al. 1, office of promoter or sponsor and shows be subject to appropriate rules in the fight against money laundering and the financing of terrorism.

Art. 67 simple society if in a business relationship with partners in a simple partnership, these are economic rights holders, it is not necessary to request a declaration on rights holders economic, so that simple society has as a goal the protection of the interests of their members or their beneficiaries collectively and by their own means, or who are pursuing political goals religious, scientific, artistic, charitable, recreational or similar goals, whether constituted more of four partners and that she has no relationship with countries with increased risks.

Section 3 failure of the identification of the beneficial owner art. 68. no transaction may be performed prior to obtaining full of documents and information required for the identification of the holder of the control or the beneficial owner of the assets.
When doubts persist as to the accuracy of the declaration to the other party and that they cannot be removed by further clarification, the IFDS refuses to establish a business relationship or breaks it in accordance with the provisions of title 1, Chapter 9.

Chapter 3 renewal of the verification of the identity of the other party or the identification of the beneficial owner of the assets (art. 5 LBA) art. 69 renewal of the verification of the identity of the other party or the identification of the holder of the control and the beneficial owner of the assets verification of the identity of the customer or the identification of the holder of the control and the beneficial owner of the assets must be renewed during the business relationship when a doubt occurs on: a. the accuracy of the information concerning the identity of the other party or of the controlling person; b. the fact that the Contracting Party or the holder of the control is the beneficial owner of the assets; c. the accuracy of the statement delivered by the Contracting Party or the holder of the control about the beneficial owner of the assets.

Art. 70 out of the IFDS business relationship breaks the business relationship as quickly as possible, and this in accordance with the provisions of title 1, Chapter 9, when: a. the doubts about the information provided by the Contracting Party or the holder of the control remain at the end of the procedure set out in art. 69; b. suspicions prove that incorrect information about the identity of the Contracting Party, of the holder of the control or the beneficial owner of the assets have been knowingly provided.

Art. 71 verification of the identity of the other party and identification of the holder of the controls and of the beneficial owner of the assets within a group when the identity of the contracting partner has already been identified in an equivalent manner in accordance with this order within the group to which belongs the IFDS, a new audit is not required under the provisions of title 1 Chapter 8.
The same principle is applicable where a declaration of the controlling person or the beneficial owner has already been requested within the group.

Chapter 4 business relationships and transactions involving increased risks art. 72 criteria of business relationships with increased risks the IFDS that has up to 20 lasting business relationships didn't need to establish criteria in accordance with art. 13 to detect relationships with increased risk.

Art. 73 transfer of funds and values the IFDS fixed criteria for detection of transactions involving increased risks. It uses a computer system of detection and monitoring of transactions involving increased risks.
Transmissions of funds and values are considered in all cases such as transactions involving increased risks when one or several transactions appearing linked reach or exceed the sum of 5,000 francs.
In case of transfer of funds or assets, the name and address of the financial intermediary must appear on the receipt of payment.
The IFDS maintains a directory of officers and agents of system operators to which he appealed.
An IFDS that acts in the name and on behalf of other financial intermediaries authorized or affiliated with a self-regulatory body according to art. 24 LBA can perform operations of transfer of funds and assets for a single financial intermediary.

Chapter 5 duty to establish and maintain documents art. 74. the IFDS must in particular keep the following documents: a. a copy of the documents used in the verification of the identity of the Contracting Party; (b) in the cases provided for in Chapter 2 of this title, the written statement of the Contracting Party of the identity of the holder of the control or the beneficial owner of the assets; c. a written note on the results of the application of the criteria set out in art. 13; d. a written note or documents relating to the results of the clarifications provided for in art. 15; e. documents relating to transactions; (f) a copy of the communications to the senses of the art. 9, al. 1, LBA and 305, al. 2, CP; (g) a list of its business subject to the MLA.

The documents must allow to reconstruct each transaction.
The documents and supporting documents must be kept in Switzerland, in a safe and accessible place at all times.
Conservation of documents in electronic form must meet the requirements provided for in art. 9 and 10 of the order of 24 April 2002 on the holding and the conservation of books. If the server is not located in Switzerland, the IFDS must have in Switzerland of a physical copy or electronic current of the relevant documents.

RS 311.0 RS 221.431 Chapter 6 measures organizational art. 75 specialty of laundering the specialized anti-money laundering of an IFDS employing up to 20 people engaged in an activity subject to the MLA must meet the requirements described in art. 24. FINMA may require an IFDS employing up to 20 people exercising an activity subject to the MLA that the specialized anti-money laundering service also meets the requirements described in art. 25 when necessary as part of the monitoring of the compliance with the obligations in the fight against money laundering and the financing of terrorism.

Art. 76 internal guidelines one IFDS, employing up to ten persons engaged in an activity subject to the MLA is not required to establish internal guidelines within the meaning of art. 26. FINMA may require an IFDS employing up to ten persons engaged in an activity subject to the LBA to establish internal guidelines within the meaning of art. 26 when necessary for the proper functioning of the company.

Title 6 final provisions and transitional art. 77 repeal of another act the order of FINMA from 8 December 2010 on money laundering is repealed.

[2010 6295 RO]

Art. 78 transitional provisions the financial intermediary must implement the requirements under art. 26, al. 2, let. k, and 73, al. 1, at the latest as of January 1, 2017.
Issuers of means of payment must implement the monitoring of transactions in relation to the other party according to art. 12, al. 2 and 3, at the latest count of 1 July 2017.
The identification of the holder of the control provisions are applicable to newly engaged business relationships as from January 1, 2016. They apply to business relationships that existed on January 1, 2016, if a new verification of the identity of the contracting partner or identification of the beneficial owner of the assets is necessary during the business relationship.

Art. 79-entry into force this order comes into force on January 1, 2016.

Annex (art. 38) evidence of money laundering 1 Importance of indexes


1.1 financial intermediaries should observe signs of money laundering reporting business relationships or transactions with additional risks listed below. Took indices separately do not, as a general rule, to base a suspicion of the existence of a money-laundering operation. However, the contest of several of these elements may indicate the presence.1.2 the plausibility of the explanations of the customer as to the economic background of such operations must be verified. In this respect, it is important that explanations of the customer are not accepted without examination.

2 General indicators 2.1 transactions present specific risks of money laundering: 2.1.1 when their construction indicates an unlawful purpose, when their economic purpose is not recognizable, even when they appear absurd from an economic point of view; 2.1.2 when the assets are withdrawn shortly after having been brought into account (account of passage), provided that the activity of the client makes implausible such a withdrawal immediately; 2.1.3 when one fails to understand the reasons for which the client has chosen precisely this bank or that counter for its business; 2.1.4 when they result only one account, remained so far largely inactive, becomes very active without that we can perceive a plausible reason; 2.1.5 when they are not compatible with the information and the experiences of the financial intermediary for the customer or the purpose of the affaires.2.2 relationship in addition , should be regarded as suspect any customer who gives false or misleading information to the financial intermediary or no plausible reason, refuses to provide the information and the necessary documents, admitted by the uses of the activity concernee.2.3 can be grounds for suspicion that a customer receive regular transfers from a Bank established in one of the countries considered "high risk" or non-cooperative by the "group of Financial Action (FATF). , or that a customer is repeatedly in the direction of a such pays.2.4 transfers may also be grounds for suspicion, the fact that a customer is repeatedly transfers to regions located in proximity of areas of operations of terrorist organizations.

3 specific indices 3.1 3.1.1 an amount Exchange cash Operations important (Swiss or foreign) banknotes in small denominations against some big coupures.3.1.2 exchange transactions of importance, without posting on the account of a client.3.1.3 cashing cheques, traveller's cheques including, for amounts importants.3.1.4 purchase or sale of large amounts of precious metals by clients occasionnels.3.1.5 purchase of bank cheques for large amounts of money by customers occasionnels.3.1.6 transfer abroad given orders by occasional customers, without legitimate reason apparente.3.1.7 Conclusion frequent operations of Fund in amounts just below the limit above which the identification of the customer's exigee.3.1.8 Acquisition of bearer with physical delivery securities.

3.2 operations into account or deposit 3.2.1 frequent withdrawals of large amounts in cash, while the activity of the customer is no justification for such operations.3.2.2 used to finance in use in international trade, while the use of such instruments is in contradiction with the known activity of the client.3.2.3 accounts used intensively for payments, while such accounts do not receive or receive little payments habituellement.3.2.4, economically absurd Structure of relationships between a customer and the Bank (large number of accounts from the same institution, frequent transfers between different accounts, excessive liquidity, etc.). 3.2.5 provision of guarantees (guarantees, sureties, etc.) by unknown third parties of the Bank which do appear to not be in close relationship with the customer or to have any plausible reason to give to such garanties.3.2.6 transfers to another bank without indication of the acceptance of transfer of funds beneficiaire.3.2.7 other banks without indication of the name or account number of the recipient or the donor of ordre.3.2.8 counterparty transfers repeated large sums abroad with instruction to pay the beneficiary in especes.3.2.9 transfers significant and repeated in the direction or from producing countries of drogue.3.2.10 supply of bonds or bank guarantees as security for loans between third party, non-compliant to the marche.3.2.11 cash payments by a large number of different people on a single compte.3.2.12 unexpected refund and without explanations convincing of a credit compromis.3.2.13 accounts are used pseudonyms or digital in the execution of commercial transactions by crafts enterprises commercial or industrielles.3.2.14 withdrawal of values heritage shortly after that they have been brought into account (account of passage).

3.3 fiduciary transactions fiduciary Credits (back-to-back loans) 3.3.1 aimlessly lawful reconnaissable.3.3.2 fiduciary holding of investments in unlisted companies, and which the financial intermediary cannot determine the activity.

3.4 other 3.4.1 the client attempts to avoid personal contact with the intermediary financier.3.4.2 request for editing information according to art. 11, art. 2, LBA by the money laundering reporting Office.

4 qualified indicators 4.1 the customer wishes to close an account and open new accounts in its name or in the name of some members of his family without traces in the documentation of the Bank (paper trail).4.2 the customer to obtain release for withdrawals in cash or securities deliveries which have not been actually carried out or who have been immediately redeposited in the same etablissement.4.3 the customer to carry out orders of transfer with indication of a customer inexact.4.4 customer demand that some payments were made not directly from his own account, but through a financial intermediary Nostro account respectively accounts 'Various'.4.5 customer wishes to accept or to document does not match the economic reality credit guarantees or credit in a fiduciary capacity on the basis of coverage fictive.4.6 prosecutions directed against a client of the broker for crime corruption, embezzlement of public funds or for qualified tax offence.

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