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RS 955.0 Federal Law of 10 October 1997 on the fight against money laundering and the financing of terrorism (Money Laundering Act, BA)

Original Language Title: RS 955.0 Loi fédérale du 10 octobre 1997 concernant la lutte contre le blanchiment d’argent et le financement du terrorisme (Loi sur le blanchiment d’argent, LBA)

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955.0

Federal Law on Combating Money Laundering and the Financing of Terrorism *

(Money Laundering Act, BA) 1

10 October 1997 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 95 and 98 of the Constitution 2 , 3 Having regard to the message of the Federal Council of 17 June 1996 4 ,

Stops:

Chapter 1 General provisions

Art. 1 1 Purpose

This Law regulates the fight against money-laundering within the meaning of Art. 305 Bis Criminal Code (CP) 2 , the fight against the financing of terrorism within the meaning of Art. 260 D , para. 1, CP and the vigilance required for financial transactions.


1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0

Art. 2 Scope of application

1 This Act applies to:

A.
Financial intermediaries;
B.
Natural or legal persons who, on a professional basis, negotiate goods and receive cash in payment (traders). 1

2 Are deemed financial intermediaries:

A.
Banks within the meaning of the Federal Law on Banks and Savings Banks 2 ;
B. 3
Funds Directorates as long as they manage share accounts or distribute shares of group investments themselves;
B Bis . 4
Variable-capital investment corporations, group investment partnerships, fixed-capital investment corporations and collective investment managers within the meaning of the investment law of June 23, 2006 Collectives 5 To the extent that they themselves distribute shares of collective investments;
C. 6
Insurance institutions within the meaning of the Act of 17 December 2004 on insurance supervision 7 Whether they carry on a life insurance business or whether they offer or distribute shares of group investments;
D.
Dealers in securities within the meaning of the Bursary Act of 24 March 1995 8 ;
D Bis . 9
Central counterparties and central depositories within the meaning of the law of 19 June 2015 on financial market infrastructure 10 ;
D Ter . 11 Payment systems as long as they are required to obtain authorization from the Federal Financial Market Supervisory Authority (FINMA) under s. 4, para. 2, the Financial Markets Infrastructure Act;
E. 12
Gambling houses within the meaning of the law of 18 December 1998 on gambling houses 13 .

3 Also deemed to be financial intermediaries are persons who, as a professional, accept, retain or assist in the placement or transfer of heritage values belonging to third parties, in particular persons who:

A.
Carry out credit operations (including loans for consumption or mortgages, factoring, financing of commercial transactions or financial leasings);
B.
Provide services in the area of payment traffic, in particular by making wire transfers on behalf of third parties, or issuing or managing means of payment such as credit cards and traveller's cheques;
C.
Trade, on their own account or in the case of third parties, banknotes or coins, money market instruments, currencies, precious metals, raw materials or securities (securities and securities) and Their derivatives;
D. 14
...
E.
Practice wealth management;
F.
Make investments as investment advisors; and
G.
Maintain or manage securities.

4 Not covered by this Act:

A.
The Swiss National Bank;
B.
Professional welfare institutions exempt from taxation;
C.
Persons who provide services exclusively to professional welfare institutions exempt from taxation;
D.
The financial intermediaries referred to in para. 3 which provide services exclusively to the financial intermediaries listed in para. 2 or foreign financial intermediaries subject to equivalent supervision.

1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 952.0
3 New content according to the c. 3 of the Annex to the PMQ of 28. 2012, effective from 1 Er March 2013 ( RO 2013 585 ; FF 2012 3383 ).
4 Introduced by c. II 9 of the Annex to the PMQ of 23 June 2006 on collective investments ( RO 2006 5379 ; FF 2005 5993 ). New content according to the c. 3 of the Annex to the PMQ of 28. 2012, effective from 1 Er March 2013 (RO 2013 585; FF 2012 3383).
5 RS 951.31
6 New content according to the c. II 9 of the Annex to the PMQ of 23 June 2006 on collective investments, in force since 1 Er Jan 2007 ( RO 2006 5379 ; FF 2005 5993 ).
7 RS 961.01
8 RS 954.1
9 Introduced by c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).
10 RS 958.1
11 Introduced by c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).
12 Introduced by c. 4 of the annex to the LF of 18 Dec. 1998 on gambling houses, in force since 1 Er April 2000 ( RO 2000 677 ; FF 1997 III 137).
13 RS 935.52
14 Repealed by c. II 8 of the annex to the PMQ of 17 Dec. 2004 on insurance supervision, with effect from 1 Er Jan. 2006 ( RO 2005 5269 ; FF 2003 3353 ).

Art. 2 A 1 Definitions

1 The following are deemed politically exposed persons within the meaning of this Act:

A.
Persons who are or have been entrusted with executive public functions abroad, in particular the heads of state or government, senior politicians at national level, senior officials of the administration, justice, The military or parties at national level, the supreme organs of state enterprises of national importance (politically exposed persons abroad);
B.
Persons who are or have been entrusted with public functions at the national level in Switzerland in politics, administration, the military or the judiciary, as well as the members of the board of directors or the management of undertakings State of national importance (politically exposed persons in Switzerland);
C.
Persons who are or have been entrusted with executive functions in intergovernmental organizations or in international sports federations, in particular Secretaries General, Directors, Deputy Directors, Members The board of directors, or persons performing other work of equal value (politically exposed persons in international organizations).

2 Persons who are politically exposed to natural persons who, in a recognizable manner, are close to persons within the meaning of para. 1 for family, personal or business-related reasons.

3 The economic right of a legal person carrying on an operational activity shall be deemed to be persons who, in the last place, control the legal person, because they hold directly or indirectly, alone or in concert With a third party, a stake of at least 25 % of the capital or votes or otherwise control it. If these persons cannot be identified, the highest placed member of the governing body should be identified.

4 Politically exposed persons in Switzerland are no longer considered politically exposed within the meaning of this Act 18 months after they have ceased to perform their duties. The general diligence obligations of financial intermediaries remain reserved.

5 International sports federations are defined within the meaning of para. 1, let. C, non-governmental organisations recognised by the International Olympic Committee which administer one or more official sports on a global level, as well as the International Olympic Committee.


1 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Chapter 2 Obligations 5

Section 1 Due diligence of financial intermediaries 6

Art. 3 Verification of the identity of the counterparty

1 When establishing a business relationship, the financial intermediary must verify the identity of the counterparty on the basis of a supporting document. Where the counterparty is a legal entity, the financial intermediary must be aware of the provisions governing the power to engage the counterparty and verify the identity of the persons establishing the business relationship on behalf of the Moral person. 1

2 An intermediary who carries out a cash transaction shall only be required to verify the identity of the counterparty if a transaction or several related transactions between them reach a substantial sum.

3 Insurance institutions must verify the identity of the counterparty when the single premium, the periodic premium or the total of premiums reaches a substantial sum.

4 Where there are indications of money laundering or terrorist financing in the cases provided for in paras. 2 and 3, the identity of the counterparty must be verified even if the decisive sums are not reached. 2

5 The Federal Financial Market Supervisory Authority (FINMA), the Federal Playhouse Commission and the self-regulatory bodies set out in their field the sums considered important in the sense of paras. 2 and 3 and, if necessary, adapt them. 3


1 Phrase introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
3 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 4 1 Identification of the economic right

1 The financial intermediary must identify the economic right with the due care required by the circumstances. If the counterparty is a publicly traded company or a subsidiary majority owned by such a company, the financial intermediary may renounce the said identification.

2 The financial intermediary must request from the counterparty a written statement indicating the natural person who is the economic right, if:

A.
The counterparty is not the economic right or that there is a doubt about it;
B.
The counterparty is a company of domicile or a legal person carrying on an operational activity;
C.
A cash transaction of a substantial amount within the meaning of s. 3, para. 2, is performed.

3 The financial intermediary shall require the counterparty holding global accounts or global deposits to provide it with a complete list of economic rights holders and shall forthwith communicate to it any modification of that list.


1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Art. 5 Renewal of the verification of the identity of the counterparty or the identification of the economic right

1 Where, in the course of the business relationship, doubts arise as to the identity of the contracting party or the economic right, the identity check or the identification provided for in Art. 3 and 4 must be renewed.

2 In the case of repurchase insurance, the insurance institution must renew the identification of the economic right where, in the event of a loss or redemption, the person entitled is not the person who was mentioned at the time of the Conclusion of contract.

Art. 6 1 Specific Diligence Obligations

1 The financial intermediary shall be required to identify the purpose and purpose of the business relationship desired by the counterparty. The scope of the information to be collected, the hierarchical level competent to decide on the opening or continuation of a business relationship and the frequency of the controls shall be based on the risk of the contracting party.

2 The financial intermediary must clarify the background and purpose of a transaction or business relationship when:

A.
The transaction or business relationship appears unusual, unless the legality of the transaction or relationship is manifest;
B.
Evidence suggests that heritage values are derived from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP 2 , that a criminal organization (s. 260 Ter , ch. 1, CP) exercises a power of disposition over these values or that they are used for the financing of terrorism (s. 260 D , para. 1, CP);
C.
The transaction or business relationship carries an increased risk;
D.
The data concerning a counterparty, an economic right or an authorised signatory of a business relationship or a transaction are in agreement with those transmitted to the financial intermediary by FINMA pursuant to Art. 22 A, Al. 2, by a self-regulatory body under Art. 22 A , para. 2, let. C, or the Federal Playhouse Board pursuant to s. 22 A , para. 3, or have great similarities.

3 Business relations with politically exposed persons abroad, as well as with persons close to them within the meaning of s. 2 A , para. 2, are deemed to have an increased risk in all cases.

4 Business relations with persons politically exposed in Switzerland or politically exposed persons in international organisations, as well as with persons close to them within the meaning of Art. 2 A , para. 2, are deemed to have an increased risk in relation to one or more other risk criteria.


1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 311.0

Art. 7 Requirement to establish and maintain records

1 The financial intermediary shall prepare documents relating to the transactions carried out as well as to the clarifications required under this Law so that third-party experts in the field can obtain an objective view of the Transactions and business relationships and compliance with the provisions of this Act.

2 It shall keep the documents in such a way as to be able to satisfy, within a reasonable period of time, any requests for information or receivers made by the criminal prosecution authorities.

3 It retains records ten years after the termination of the business relationship or after the end of the transaction.

Art. 7 A 1 Low-value heritage values

The financial intermediary is not required to comply with due diligence obligations (s. 3 to 7) if the business relationship deals only with low-value heritage values and there is no evidence of money laundering or terrorist financing.


1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).

Art. 8 Organizational measures

Financial intermediaries take the necessary measures to prevent money laundering and the financing of terrorism. 1 In particular, they ensure that their staff receive sufficient training and that checks are carried out.


1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).

Section 1 A 7 Diligence Obligations of Traders

Art. 8 A

1 Traders referred to in s. 2, para. 1, let. B, must meet the following obligations if they receive more than 100,000 francs in cash as part of a trading transaction:

A.
Verification of the identity of the contracting party (art. 3, para. 1);
B.
Identification of economic right (art. 4, para. 1 and 2, let. A and b);
C.
Establishment and retention of records (s. 7).

2 They must clarify the background and purpose of an operation when:

A.
The operation appears unusual, unless its legality is clear;
B.
Evidence suggests that heritage values are derived from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP 1 , or a criminal organization (s. 260 Ter , ch. 1, CP) exercises a power of disposition on these values.

3 Traders must meet the obligations set out in paras. 1 and 2 even if the cash payment is made in several instalments of an amount less than 100 000 francs but which, together, exceed that amount.

4 They must not fulfil these obligations when payments in excess of 100 000 francs are made through a financial intermediary.

5 The Federal Council shall specify the obligations set out in paras. 1 and 2 and in accordance with the implementing rules.


Section 2 Obligations in case of suspected money laundering

Art. Obligation to communicate

1 The financial intermediary shall immediately inform the Office of Communication on money laundering within the meaning of Art. 23 (Communications Office):

A.
If it knows or presumes, on the basis of founded suspicion, that the heritage values involved in the business relationship:
1.
Have a relationship with one of the offences referred to in s. 260 Ter , ch. 1, or 305 Bis CP 1 ,
2. 2
Come from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP,
3.
Are subject to the power of disposition of a criminal organization,
4.
Serve the financing of terrorism (art. 260 D , para. 1, CP);
B.
If it breaks negotiations to establish a business relationship because of suspicions founded in accordance with the let. A.
C. 3
If he or she knows or presumes, on the basis of the clarifications made under s. 6, para. 2, let. D, that data concerning a person or organisation transmitted by FINMA, by the Federal Board of Home Affairs or by a self-regulatory body, agree with those concerning a counterparty, one entitled Economic or an authorized signing officer of a business relationship or transaction. 4

1bis The trader shall immediately inform the communication office if he or she knows or presumes, on the basis of substantiated suspicion, that the species used in a trading operation:

A.
Have a relationship with one of the offences referred to in s. 260 Ter , ch. 1, or 305 Bis CP;
B.
Come from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP; or
C.
Are subject to the power of disposition of a criminal organization. 5

1ter In communications under paras. 1 and 1 Bis , the name of the financial intermediary or dealer must appear. On the other hand, the names of the employees of the financial intermediary or the trader in charge of the file may not be mentioned, provided that the communication office and the criminal prosecution authority keep the possibility of rapid contact With them. 6

2 Lawyers and notaries are not subject to the obligation to disclose their suspicions to the extent that they are bound by professional secrecy under s. 321 of the Penal Code.


1 RS 311.0
2 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
3 Introduced by c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
4 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
5 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force ( RO 2009 361 ; FF 2007 5919 ). New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 (RO) 2015 1389; FF 2014 585).
6 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Art. A 1 Customer Orders Related to the Heritage Values communicated

During the analysis conducted by the communications office under s. 23, para. 2, the financial intermediary carries out client orders relating to the heritage values communicated under s. 9, para. 1, let. A, of this Act or pursuant to s. 305 Ter , para. 2, PC 2 .


1 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 311.0

Art. 10 1 Blocking of assets

1 The financial intermediary blocks the heritage values entrusted to it and which are linked to the information provided under Art. 9, para. 1, let. A, of this Act or s. 305 Ter , para. 2, PC 2 As soon as the communication office notifies it that it has transmitted this information to a criminal prosecution authority.

1bis The financial intermediary shall immediately block the heritage values entrusted to it and which relate to the information provided under Art. 9, para. 1, let. C.

2 It maintains the blocking of assets until a decision of the competent criminal prosecution authority has been received, but for a maximum of five working days from the time when the communication office has notified it that it has transmitted the information To a criminal prosecution authority in the case of para. 1 or of the time or he has informed the communication office in the case of para. 1 Bis .


1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 311.0

Art. 10 A 1 Prohibition of Informing

1 The financial intermediary shall not inform the persons concerned, or any third parties, of the fact that he has made a communication under Art. 9 of this Act or of s. 305 Ter , para. 2, PC 2 . The self-regulatory body to which the financial intermediary is affiliated is not considered to be a third party. The same applies to FINMA and the Federal Playhouse Commission with respect to financial intermediaries subject to their supervision. 3

2 Where the financial intermediary is not in a position to do so himself, he may inform the financial intermediary subject to this Law who is in a position to do so.

3 The financial intermediary may also inform another financial intermediary subject to this Act of the fact that he has made a communication under s. 9, if it is necessary to comply with the obligations under this Act and both meet one of the following conditions:

A.
Provide a client with common services in relation to the management of the assets of the client on the basis of an agreed upon collaboration;
B.
Be part of the same group of companies.

4 A financial intermediary who has been informed within the meaning of para. 2 or para. 3 is subject to the prohibition of information provided for in para. 1.

5 The trader shall not inform the persons concerned or third parties of the fact that he has made a communication under Art. 9. 4

6 The financial intermediary is not subject to the prohibition of informing in the sense of para. 1 and 5 when it comes to safeguarding its own interests in civil, criminal or administrative proceedings. 5


1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0
3 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
4 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Art. 11 1 Exclusion of criminal and civil liability

1 Any person who, in good faith, communicates information under s. 9 or a block of assets under s. 10 cannot be prosecuted for breach of the secrecy of duty, solicitor-client privilege or business secret, or be held liable for breach of contract.

2 L' al. 1 also applies to a financial intermediary who makes a communication within the meaning of s. 305 Ter , para. 2, PC 2 , and to self-regulatory bodies which carry out a denunciation within the meaning of Art. 27, para. 4.


1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0

Section 3 8 Discount information

Art. 11 A

1 Where the communications office requires additional information for the analysis of a communication received under s. 9 of this Act or of s. 305 Ter , para. 2, PC 1 , the financial intermediary responsible for the communication must, in so far as it has such information, provide it upon request.

2 Where the analysis shows that in addition to the financial intermediary responsible for the communication, other financial intermediaries take part or have taken part in a transaction or a business relationship, the financial intermediaries concerned must Provide all the relevant information to the communication office at the request of the latter, provided that they have such information.

3 The communication office shall determine the period within which the financial intermediaries referred to in paras. 1 and 2 must provide the requested information.

4 Financial intermediaries are subject to the prohibition of information provided for in Art. 10 A , para. 1.

5 The exclusion of criminal and civil liability under s. 11 shall apply mutatis mutandis.


Chapter 3 Monitoring

Section 1 General provisions

Art. 12 1 Jurisdiction

The following bodies shall ensure that financial intermediaries comply with the obligations laid down in Chapter 2:

A. 2
As regards the financial intermediaries referred to in Art. 2, para. 2, let. A to d Ter , FINMA;
B.
As regards the financial intermediaries referred to in Art. 2, para. 2, let. E, the Federal Game House Commission;
C.
As regards the financial intermediaries referred to in Art. 2, para. 3:
1.
Their recognised self-regulatory bodies (art. 24),
2.
FINMA, if financial intermediaries are not affiliated with a recognised self-regulatory body.

1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 New content according to the c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).

Art. 13 1

1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 14 Obligation to obtain authorisation and to join

1 Any financial intermediary referred to in s. 2, para. 3, which is not affiliated with a recognised self-regulatory body, must apply to FINMA for authorisation to carry on business. 1

2 The authorization is granted if it meets the following conditions:

A.
Be registered in the register of trade under a commercial reason or have an official authorization to carry on business;
B.
Have internal requirements and an organization to ensure compliance with the obligations under this Act;
C.
Enjoy a good reputation and present all guarantees of compliance with the obligations under this Act, as this provision also applies to those responsible for the administration or management of its affairs.

3 Lawyers and notaries acting as financial intermediaries must join a self-regulatory body.


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 15 1 Obligation to control by traders

1 Traders who are required to meet the due diligence requirements of s. 8 A Instruct a review body to ensure that they comply with the obligations set out in Chapter 2.

2 Reviewers under s. 5 or undertakings under s. 6 of the Act of 16 December 2005 on the supervision of the revision 2 May be appointed as a review body if they possess the necessary technical knowledge and experience.

3 Traders are required to provide the review body with all necessary information and documentation for the control.

4 The review body shall verify that the obligations laid down in this Law are complied with and shall draw up a report for the body responsible for the trader subject to control.

5 If a trader does not fulfil his or her obligation to communicate, the review body shall immediately notify the communication office where there are justified suspicions that:

A. 3
An offence referred to in s. 260 Ter , ch. 1, or 305 Bis CP 4 Has been committed;
B.
Heritage values are derived from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP; or
C.
That heritage values are subject to the disposition of a criminal organization.

1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 221.302
3 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ).
4 RS 311.0

Section 2 9 Obligation to communicate supervisory authorities

Art. 16

1 FINMA and the Federal Playhouse Commission immediately notify the communications office where there are substantiated suspicions that: 1

A. 2
An offence referred to in s. 260 Ter , ch. 1, 305 Bis Or 305 Ter , para. 1, PC 3 Has been committed;
B. 4
Heritage values are derived from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP;
C.
Heritage values are subject to the power of disposition of a criminal organization; or
D. 5
Heritage values are used to finance terrorism (art. 260 D , para. 1, CP).

2 The obligation to communicate within the meaning of para. 1 is valid provided that the financial intermediary or the self-regulatory body has not already reported the case to the communication office.


1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).

Section 3 10 Supervision of financial intermediaries referred to in s. 2, para. 2

Art. 17 Ordination

FINMA and the Federal Playhouse Commission specify for the financial intermediaries referred to in s. 2, para. 2, which are subject to their supervision of the obligations of care laid down in Chapter 2 and regulate the implementing rules, provided that no self-regulatory body has done so.

Section 3 A Supervision of financial intermediaries referred to in s. 2, para. 3 11

Art. 18 FINMA Tasks 1

1 As part of the supervision of financial intermediaries referred to in s. 2, para. 3, FINMA performs the following tasks: 2

A.
Grants or withdraws recognition to self-regulatory organizations;
B.
It supervises the self-regulatory bodies and the financial intermediaries directly submitted to it;
C.
It approves the regulations laid down by self-regulatory bodies (Art. 25) and the amendments thereto;
D.
Ensures that self-regulatory bodies enforce these regulations;
E.
It shall specify to financial intermediaries who are directly subject to the due diligence obligations set out in chap. 2 and in accordance with the rules of application;
F.
It maintains a register of financial intermediaries directly submitted to it and of persons to whom it has refused permission to carry on the activity of financial intermediary.

2 ... 3

3 In order to ensure that professional secrecy is respected, self-regulatory bodies must carry out checks within the meaning of this Law (LBA checks) with lawyers and notaries by lawyers and notaries. The Federal Council lays down the special conditions for the granting of authorisation according to Art. 9a, para. 5, of the Act of 16 December 2005 on the supervision of the revision 4 . 5

4 The lawyers and notaries responsible for the LBA controls must meet the following conditions:

A.
Hold a patent for a lawyer or notary;
B.
Offer all the guarantees of an irreproachable revision activity;
C.
To justify the knowledge required for legislation on money laundering, as well as adequate experience and ongoing training;
D.
Justify their independence vis-à-vis the member under review. 6

1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
3 Repealed by c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), with effect from 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
4 RS 221.302
5 New content according to the c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
6 Introduced by ch. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).

Art. 18 A 1 Public Registry

1 FINMA maintains a register of financial intermediaries referred to in s. 2, para. 3, which are affiliated with a self-regulatory body. This register shall be accessible to the public in electronic form.

2 FINMA makes this data available through an appeal process.


1 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 19 1

1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 19 A 1 Auditing

Financial intermediaries referred to in s. 2, para. 3, subject to the direct supervision of FINMA, must charge an audit firm approved by the Federal Supervisory Authority for review under s. 9 A Of the Act of 16 December 2005 on the supervision of the revision 2 To conduct an audit in accordance with Art. 24 of the Act of 22 June 2007 on the Supervision of Financial Markets 3 .


1 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets ( RO 2008 5207 ; FF 2006 2741 ). New content according to the c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 (RO) 2014 4073; FF 2013 6147).
2 RS 221.302
3 RS 956.1

Art. 19 B 1

1 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets ( RO 2008 5207 ; FF 2006 2741 ). Repealed by c. 9 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of review companies and audit companies), with effect from 1 Er Jan 2015 (RO) 2014 4073; FF 2013 6147).

Art. 1 Consequences of withdrawal of authorisation

When FINMA, pursuant to s. 37 of the Act of 22 June 2007 on the supervision of financial markets 2 Withdraws its authorization from an intermediary within the meaning of s. 2, para. 3, subject to its direct supervision, legal persons, partnerships and limited partnerships are dissolved and the individual reasons, radiated from the register of trade.


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 RS 956.1

Art. And 22 1

1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Section 3 B 12 Transmission of data relating to terrorist activities

Art. A

1 The Federal Department of Finance (DFF) transmits to FINMA and the Federal Commission des maisons de jeu the data communicated and published by another State concerning persons and organizations which, pursuant to resolution 1373 of the Security Council (2001) 1 , have been listed in this state as leading or supporting terrorist activities.

2 FINMA transmits the data received from DFF:

A.
Financial intermediaries within the meaning of s. 2, para. 2, subject to its supervision;
B.
Financial intermediaries within the meaning of s. 2, para. 3, subject to its supervision;
C.
Self-regulatory bodies to the attention of the financial intermediaries who are affiliated with them.

3 The obligation to transmit data within the meaning of para. 2, let. A, also applies to the Federal Game Houses Commission.

4 The DFF does not transmit data to FINMA and the Federal Game Commission if, after consultation with the Federal Department of Foreign Affairs, the Federal Department of Justice and Police, the Federal Department of Defence, And the Federal Department of Economics, Training and Research, it must assume that this would result in a violation of human rights or the principles of the rule of law.


1 www.un.org > French > Peace and security > Security Council > Resolutions > 2001 > 1373

Section 4 Money Laundering Communication Office

Art.

1 Federal Police Office 1 Manages the Money Laundering Communications Office.

2 The communication office shall verify and analyse the information provided to it. If necessary, it requires additional information under s. 11 A . 2

3 It manages its own data processing system for money laundering.

4 The communication office shall immediately denounce the case to the competent criminal prosecution authority where justified suspicion makes it possible to assume:

A.
An offence within the meaning of s. 260 Ter , ch. 1, 305 Bis Or 305 Ter , para. 1, PC 3 Has been committed;
B. 4
Heritage values are derived from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP;
C.
Heritage values are subject to the disposition of a criminal organization;
D.
Heritage values are used to finance terrorism (art. 260 D , para. 1, CP). 5

5 The communication office shall indicate to the financial intermediary within 20 working days whether or not it transmits the information communicated under Art. 9, para. 1, let. A, a criminal prosecution authority. 6

6 The communication office shall indicate to the financial intermediary whether or not it transmits the information communicated under Art. 305 Ter , para. 2, CP to a criminal prosecution authority. 7


1 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
2 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
6 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
7 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Section 5 Self-regulation bodies

Art. 24 Recognition

1 Self-regulatory bodies must meet the following requirements to be recognised as such:

A.
Have a regulation within the meaning of s. 25;
B.
Ensure that the financial intermediaries affiliated to them comply with the obligations set out in chap. 2;
C.
To ensure that the persons and bodies responsible for monitoring: 1
1.
Have the required professional knowledge,
2.
Have all guarantees of an irreproachable control activity,
3.
Are independent of the management and administration of the financial intermediaries they have to control;
D. 2
Ensure that the audit companies they have entrusted to carry out the checks fulfil the same conditions of approval as those required for the audited companies to audit the financial intermediaries directly subject to the FINMA Within the meaning of s. 19 A .

2 The self-regulatory bodies of transport companies within the meaning of the law of 20 March 2009 on passenger transport 3 Must be independent of management. 4


1 New content according to the c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
2 Introduced by c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
3 RS 745.1
4 New content according to the c. II 3 of the annex to the LF of 17 Dec. 2010 on the organization of the post, in force since 1 Er Oct. 2012 ( RO 2012 5043 ; FF 2009 4731 ).

Art. 25 Regulation

1 The self-regulatory bodies enact a regulation.

2 In this Regulation, they shall specify to the financial intermediaries who are affiliated with them the due diligence obligations set out in chap. 2 and set out the implementing rules.

3 They also define in this regulation:

A.
Conditions relating to membership and exclusion of financial intermediaries;
B.
How to monitor compliance with the obligations set out in chap. 2 are respected;
C.
Appropriate sanctions.
Art. 26 Lists

1 The self-regulatory bodies shall keep the list of affiliated financial intermediaries and those to whom they refuse membership.

2 They shall communicate these lists and any changes made to them to FINMA. 1


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 27 1 Exchange of information and obligation to report

1 The self-regulatory bodies and the FINMA can exchange all the information and documents necessary to carry out their task.

2 The self-regulatory bodies report to FINMA without delay:

A.
Resignation of members;
B.
Decisions to refuse membership;
C.
Exclusion decisions and their reasons;
D.
The opening of sanctions procedures which may lead to exclusion.

3 They shall submit to FINMA at least once a year a report on their activity under this Act and shall provide it with a list of sanction decisions rendered during the reporting period.

4 The self-regulatory organisations shall immediately denounce the case at the communication office where justified suspicion leads to the presumption: 2

A.
An offence within the meaning of s. 260 Ter , ch. 1, or 305 Bis Penal Code 3 Has been committed;
B. 4
Heritage values are derived from a crime or a qualified tax offence within the meaning of s. 305 Bis , ch. 1 Bis , CP;
C.
Heritage values are subject to the power of disposition of a criminal organization; or
D. 5
Heritage values are used to finance terrorism (art. 260 D , para. 1, CP).

5 Self-regulation bodies are exempt from the obligation to inform within the meaning of para. 4 if a financial intermediary that is affiliated with them has already satisfied them.


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).

Art. 28 1 Removing the discovery

1 FINMA does not withdraw recognition of a self-regulatory body under Art. 37 of the Act of 22 June 2007 on the supervision of financial markets 2 After prior warning.

2 When the recognition is withdrawn to a self-regulatory body, the financial intermediaries affiliated to it fall under the direct supervision of FINMA.

3 Financial intermediaries are subject to the requirement to obtain an authorization under s. 14 if they do not join another self-regulatory body within two months.

4 Lawyers and notaries acting as financial intermediaries must join another self-regulatory body within two months when the recognition is withdrawn from the one to which they belong.


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 RS 956.1

Chapter 4 Administrative assistance

Section 1 Collaboration between the Swiss authorities

Art. Exchange of information between authorities 1

1 FINMA, the Federal Game House Commission and the Communications Office may exchange all information and documents necessary for the purposes of this Act. 2

2 If requested by the communications office or the central criminal police offices of the Confederation, the federal, cantonal and municipal authorities shall transmit to them all the data they need to carry out the analyses in Relationship with the fight against money laundering, offences prior to money laundering, organised crime or the financing of terrorism. Such data shall include, in particular, financial information and other sensitive data and personality profiles collected in criminal, administrative or administrative criminal proceedings, including in pending proceedings. 3

2bis The communications office may, on a case-by-case basis, provide information to the authorities referred to in para. 2, provided that they are used exclusively for the purposes of the fight against money laundering, offences prior to money laundering, organised crime or the financing of terrorism. Art. 30, para. 2 to 5, shall apply mutatis mutandis. 4

2ter The communication office may not transmit to the authorities referred to in para. 2 information from a foreign counterpart for the purposes mentioned in para. 2 Bis And with the express permission of the latter. 5

3 The Communication Office informs FINMA and the Federal Commission of Law Houses of the decisions of the cantonal criminal prosecution authorities. 6


1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
3 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
4 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
6 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. A 1 Criminal authorities

1 The criminal authorities shall immediately inform the communication office of all proceedings pending in relation to s. 260 Ter , ch. 1, 260 D , para. 1, 305 Bis And 305 Ter , para. 1, PC 2 They shall, without delay, send them the judgments and decisions of the relevant non-suit, including their reasons.

2 In addition, they shall immediately inform the communication office of the decisions they have taken on the denunciations addressed to them.

3 The criminal authorities may give the information and documents necessary for the performance of their task to FINMA and the Federal Commission of the Federal House of Justice, to the extent that the criminal procedure is not hindered.

4 FINMA or the Federal Game House Commission co-ordinates possible interventions against a financial intermediary with the relevant criminal prosecution authorities. They shall consult the competent criminal prosecution authorities prior to the possible transmission of the information and documents they have received.


1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0

Section 2 Cooperation with foreign authorities

Art. 1 Working with Foreign Counterparts

1 The communication office may transmit to a foreign counterpart the personal data and other information available to it or that it may obtain under this Act if it meets the following conditions:

A.
It undertakes to use the information transmitted exclusively for the purposes of analysis in the context of the fight against money laundering and the offences prior to money laundering, against organised crime or against the financing of Terrorism;
B.
It undertakes to respond to a request for similar information from Switzerland;
C.
It undertakes to ensure that the secrecy of function or professional secrecy is respected;
D.
It undertakes to transmit the information obtained to third parties only with the express authorisation of the communication office;
E.
It respects the expenses and usage restrictions required by the communications office.

2 In particular, it can transmit the following information:

A. 2
The name of the financial intermediary or dealer, to the extent that the anonymity of the person who has sent a communication or who has complied with the duty to inform the person under this Act is guaranteed;
B.
The name of the account holder, the account number and the amount of the assets deposited;
C.
The identity of economic rights holders;
D.
Indications of transactions.

3 It transmits this information in the form of reports.

4 It may authorise a foreign counterpart to transmit the information to third-party authorities if the latter give the following guarantees:

A.
They will use this information exclusively:
1.
For analysis in the context of the fight against money laundering and offences prior to money laundering, against organised crime or against the financing of terrorism, or
2.
With the aim of opening a criminal procedure for money laundering or a prior offence of money laundering, organised crime or terrorist financing, or in order to justify a request for mutual legal assistance in the context of such a procedure Criminal law;
B.
They will not use this information for the purpose of prosecuting offences which are not, under Swiss law, offences prior to money laundering;
C.
They will not use this information as evidence;
D.
The secrecy of office or professional secrecy will be respected.

5 If the request for transmission to a third-party foreign authority concerns facts which are the subject of criminal proceedings in Switzerland, the communication office shall request prior authorisation from the public prosecutor's office responsible for conducting the proceedings.

6 The Communications Office is empowered to regulate the terms and conditions of cooperation with its foreign counterparts.


1 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
2 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Art. 1 Denial of Information

The communications office refuses to inform its foreign counterpart:

A.
If the request does not relate to Switzerland;
B.
If the request involves the use of means of constraint provided for by the right of procedure or the taking of other measures or actions for which Swiss law requires the filing of a request for mutual legal assistance or another procedure governed by a law Special or international agreement;
C.
Whether national interests or security and public order are compromised.

1 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).

Art. A 1 Applicable provisions of the Federal Act of 7 October 1994 on the Central Criminal Police Offices of the Confederation

The provisions of sections 1 and 4 of the Federal Act of 7 October 1994 on the Central Criminal Police Offices of the Confederation 2 Shall apply by analogy in so far as this Law does not govern the processing of data and the granting of administrative assistance by the communication office.


1 Introduced by ch. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
2 RS 360

Art. 32 Collaboration with foreign criminal prosecution authorities 1

1 The cooperation of the communication office with the foreign criminal prosecution authorities is governed by s. 13, para. 2, of the Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation 2 .

2 ... 3

3 The communication office shall not be authorised to transmit to the foreign criminal prosecution authorities the name of the person who sent the communication from the financial intermediary or the trader or who has complied with the duty to inform Art. 11 A . 4


1 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
2 RS 360
3 Repealed by c. I of the PMQ on June 21, 2013, with effect from 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
4 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force ( RO 2009 361 ; FF 2007 5919 ). New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 (RO) 2015 1389; FF 2014 585).

Chapter 5 Handling of Personal Data

Art. 33 Principle

The processing of personal data is governed by the Federal Law of 19 June 1992 on Data Protection 1 .


Art. 34 Files in relation to the obligation to communicate

1 Financial intermediaries manage separate files containing all communications-related documents.

2 They can only transmit data from these files to FINMA, the Federal Playhouse Commission, the self-regulatory bodies, the communication office and the criminal prosecution authorities. 1

3 The persons concerned have no right of access within the meaning of s. 8 of the Federal Law of 19 June 1992 on Data Protection 2 , on the one hand, between the time when information is communicated under Art. 9, para. 1, of this Act or under s. 305 Ter , para. 2, PC 3 , and the person in which the communication office informs the financial intermediary in accordance with Art. 23, para. 5 or 6, on the other hand, as long as the freezing of assets under s. 10. 4

4 The data must be destroyed five years after being communicated to the competent authorities.


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 RS 235.1
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Art. 35 Data processing by the communications office

1 The processing of personal data by the communication office is governed by the Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation 1 The right of individuals to obtain information is governed by s. 8 of the Federal Law of 13 June 2008 on the Police Information Systems of the Confederation 2 . 3

2 The communications office, FINMA, the Federal Playhouse Commission and the criminal prosecution authorities can exchange information through an appeal procedure. 4


1 RS 360
2 RS 361
3 New content according to the c. 9 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).
4 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 35 A 1 Verification

1 To carry out its tasks, the communication office can check online if the person who has been reported or denounced is registered in one of the following information systems:

A.
National Police Index;
B.
Central migration information system;
C.
Computerized criminal record;
D.
Data processing system for the protection of Eta;
E.
System for the management of persons, files and cases in the context of international mutual legal assistance in criminal matters.

2 Access to more extensive information is governed by the provisions applicable to each information system.


1 Introduced by ch. 9 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).

Chapter 6 Criminal and legal provisions

Art. 36 1

1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Art. 1 Violation of the obligation to communicate

1 A fine of up to 500 000 francs is imposed on the person who, intentionally, infrings the obligation to communicate under s. 9.

2 If the author acts by negligence, he shall be punished by a fine of not more than 150,000 francs.

3 ... 2


1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 Repealed by c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, with effect from 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).

Art. 38 1 Violation of the obligation to control

1 A trader is liable to a fine of not more than 100,000 francs if he intentionally infrings the obligation under s. 15 to mandate a review body.

2 If it acts negligently, it shall be punished by a fine of not more than 10 000 francs.


1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).

Art. 39 And 40 1

1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).

Chapter 7 Final provisions

Art. 1 Implementation

1 The Federal Council shall issue the provisions necessary for the implementation of this Law.

2 It may authorize FINMA and the Federal Playhouse Commission to enact implementing provisions in areas of limited scope, including technical matters.


1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Jan 2010 ( RO 2009 361 6401; FF 2007 5919 ).

Art. Transitional provisions

1 This Law shall apply from its entry into force to the financial intermediaries referred to in Art. 2, para. 2. The obligation to communicate (art. 9) applies at this time to all financial intermediaries.

2 The self-regulatory bodies must, within one year, submit a request for recognition and submit their regulation to the supervisory authority for approval.

3 Two years after the coming into force of this Act, the financial intermediaries referred to in s. 2, para. 3, if they are not affiliated with a recognised self-regulatory body, subject to the direct supervision of the supervisory authority, to which they will have to file an application for authorisation (Art. 14).

4 Lawyers and notaries acting as financial intermediaries shall be affiliated with a self-regulatory body within two years of the entry into force of this Law.

Art. 43 Amendment of the law in force

... 1


1 The mod. Can be consulted at the RO 1998 892.

Art. 44 Referendum and entry into force

1 This Act is subject to an optional referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er April 1998 13


RO 1998 892


1 * The terms designating people also apply to women and men. New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 101
3 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
4 FF 1996 III 1057
5 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
6 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
7 Introduced by c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
8 Introduced by c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
9 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
10 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
11 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
12 Introduced by c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
13 ACF of March 16, 1998


State 1 Er January 2016