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- Art. 3 FC
- Art. 5a FC
- Art. 6 FC
- Art. 10 FC
- Art. 16 FC
- Art. 17 FC
- Art. 20 FC
- Art. 22 FC
- Art. 29a FC
- Art. 30 FC
- Art. 32 FC
- Art. 42 FC
- Art. 43 FC
- Art. 43a FC
- Art. 55 FC
- Art. 56 FC
- Art. 60 FC
- Art. 68 FC
- Art. 75b FC
- Art. 77 FC
- Art. 96 para. 2 lit. a FC
- Art. 110 FC
- Art. 117a FC
- Art. 118 FC
- Art. 123b FC
- Art. 136 FC
- Art. 166 FC
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- Art. 11 CO
- Art. 12 CO
- Art. 50 CO
- Art. 51 CO
- Art. 84 CO
- Art. 143 CO
- Art. 144 CO
- Art. 145 CO
- Art. 146 CO
- Art. 147 CO
- Art. 148 CO
- Art. 149 CO
- Art. 150 CO
- Art. 701 CO
- Art. 715 CO
- Art. 715a CO
- Art. 734f CO
- Art. 785 CO
- Art. 786 CO
- Art. 787 CO
- Art. 788 CO
- Transitional provisions to the revision of the Stock Corporation Act of June 19, 2020
- Art. 808c CO
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- Art. 2 PRA
- Art. 3 PRA
- Art. 4 PRA
- Art. 6 PRA
- Art. 10 PRA
- Art. 10a PRA
- Art. 11 PRA
- Art. 12 PRA
- Art. 13 PRA
- Art. 14 PRA
- Art. 15 PRA
- Art. 16 PRA
- Art. 17 PRA
- Art. 19 PRA
- Art. 20 PRA
- Art. 21 PRA
- Art. 22 PRA
- Art. 23 PRA
- Art. 24 PRA
- Art. 25 PRA
- Art. 26 PRA
- Art. 27 PRA
- Art. 29 PRA
- Art. 30 PRA
- Art. 31 PRA
- Art. 32 PRA
- Art. 32a PRA
- Art. 33 PRA
- Art. 34 PRA
- Art. 35 PRA
- Art. 36 PRA
- Art. 37 PRA
- Art. 38 PRA
- Art. 39 PRA
- Art. 40 PRA
- Art. 41 PRA
- Art. 42 PRA
- Art. 43 PRA
- Art. 44 PRA
- Art. 45 PRA
- Art. 46 PRA
- Art. 47 PRA
- Art. 48 PRA
- Art. 49 PRA
- Art. 50 PRA
- Art. 51 PRA
- Art. 52 PRA
- Art. 53 PRA
- Art. 54 PRA
- Art. 55 PRA
- Art. 56 PRA
- Art. 57 PRA
- Art. 58 PRA
- Art. 59a PRA
- Art. 59b PRA
- Art. 59c PRA
- Art. 62 PRA
- Art. 63 PRA
- Art. 67 PRA
- Art. 67a PRA
- Art. 67b PRA
- Art. 73 PRA
- Art. 73a PRA
- Art. 75 PRA
- Art. 75a PRA
- Art. 76 PRA
- Art. 76a PRA
- Art. 90 PRA
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- Vorb. zu Art. 1 FADP
- Art. 1 FADP
- Art. 2 FADP
- Art. 3 FADP
- Art. 5 lit. f und g FADP
- Art. 6 Abs. 6 and 7 FADP
- Art. 7 FADP
- Art. 10 FADP
- Art. 11 FADP
- Art. 12 FADP
- Art. 14 FADP
- Art. 15 FADP
- Art. 19 FADP
- Art. 20 FADP
- Art. 22 FADP
- Art. 23 FADP
- Art. 25 FADP
- Art. 26 FADP
- Art. 27 FADP
- Art. 31 para. 2 lit. e FADP
- Art. 33 FADP
- Art. 34 FADP
- Art. 35 FADP
- Art. 38 FADP
- Art. 39 FADP
- Art. 40 FADP
- Art. 41 FADP
- Art. 42 FADP
- Art. 43 FADP
- Art. 44 FADP
- Art. 44a FADP
- Art. 45 FADP
- Art. 46 FADP
- Art. 47 FADP
- Art. 47a FADP
- Art. 48 FADP
- Art. 49 FADP
- Art. 50 FADP
- Art. 51 FADP
- Art. 54 FADP
- Art. 57 FADP
- Art. 58 FADP
- Art. 60 FADP
- Art. 61 FADP
- Art. 62 FADP
- Art. 63 FADP
- Art. 64 FADP
- Art. 65 FADP
- Art. 66 FADP
- Art. 67 FADP
- Art. 69 FADP
- Art. 72 FADP
- Art. 72a FADP
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- Art. 2 CCC (Convention on Cybercrime)
- Art. 3 CCC (Convention on Cybercrime)
- Art. 4 CCC (Convention on Cybercrime)
- Art. 5 CCC (Convention on Cybercrime)
- Art. 6 CCC (Convention on Cybercrime)
- Art. 7 CCC (Convention on Cybercrime)
- Art. 8 CCC (Convention on Cybercrime)
- Art. 9 CCC (Convention on Cybercrime)
- Art. 11 CCC (Convention on Cybercrime)
- Art. 12 CCC (Convention on Cybercrime)
- Art. 25 CCC (Convention on Cybercrime)
- Art. 29 CCC (Convention on Cybercrime)
- Art. 32 CCC (Convention on Cybercrime)
- Art. 33 CCC (Convention on Cybercrime)
- Art. 34 CCC (Convention on Cybercrime)
FEDERAL CONSTITUTION
MEDICAL DEVICES ORDINANCE
CODE OF OBLIGATIONS
FEDERAL LAW ON PRIVATE INTERNATIONAL LAW
LUGANO CONVENTION
CODE OF CRIMINAL PROCEDURE
CIVIL PROCEDURE CODE
FEDERAL ACT ON POLITICAL RIGHTS
CIVIL CODE
FEDERAL ACT ON CARTELS AND OTHER RESTRAINTS OF COMPETITION
FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS
DEBT ENFORCEMENT AND BANKRUPTCY ACT
FEDERAL ACT ON DATA PROTECTION
SWISS CRIMINAL CODE
CYBERCRIME CONVENTION
COMMERCIAL REGISTER ORDINANCE
FEDERAL ACT ON COMBATING MONEY LAUNDERING AND TERRORIST FINANCING
- I. General
- II. Cooperation with foreign law enforcement authorities (para. 1)
- III. Prohibition on disclosing the name of the reporting person (para. 3)
- Bibliography
- Materialis
I. General
1 Article 32 AMLA governs the cooperation of MROS with foreign law enforcement authorities and refers to the Federal Act on the Central Offices of the Federal Criminal Police and on Joint Police and Customs Cooperation Centers with Other States (CentG). Similarly to Art. 31a AMLA, the outdated terminology of the ZentG is also used in Art. 32 AMLA, although Art. 32 AMLA already existed before the Swiss reporting office was legally authorized to exchange financial information with foreign partner authorities. In fact, Art. 32 para. 1 AMLA has remained unchanged since the Anti-Money Laundering Act came into force on April 1, 1998. The fact that the then newly introduced Art. 30 and Art. 31 AMLA regulated the exchange of information between MROS and foreign reporting offices in a new and more precise way made Art. 32 para. 2 AMLA obsolete and repealed it with effect from November 1, 2013. Para. 3, on the other hand, came into force on February 1, 2009 and reflects the implementation of the then revised recommendations of the Financial Action Task Force (FATF, also known by its French name Groupe d'Action Financière, or GAFI for short).
II. Cooperation with foreign law enforcement authorities (para. 1)
A. Exchange of personal data
2 With regard to cooperation with foreign law enforcement authorities, para. 1 refers to Art. 13, para. 2, ZentG. Art. 13, para. 2, ZentG specifies that this cooperation involves the “disclosure of personal data”. Consequently, cooperation between MROS and foreign law enforcement authorities is limited to the exchange of personal data. Financial information is not exchanged by MROS in this way. In terms of cooperation with foreign countries, this information should only be transmitted to the FIUs. As stated in Art. 13 para. 2 ZentG, cooperation with foreign law enforcement authorities is governed by Art. 349a–349h SCC, which came into force on March 1, 2019. Art. 349a et seq. SCC were introduced in the course of the implementation of Directive (EU) 2016/680 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data. Consequently, the reference in Art. 13 para. 2 of the ZentG to the aforementioned articles in the SCC has only been in force since March 1, 2019. Before that date, the conditions that had to be met for the disclosure of personal data were listed in Art. 13 para. 2 of the ZentG itself. Art. 349a et seq. SCC govern police assistance in general and lay down the broad criteria that must be observed for all forms of police assistance.
3 In addition to the SCC articles mentioned, Art. 13 of the Money Laundering Act (MLA) governs the transmission of personal data by MROS to foreign law enforcement authorities. This article sets out the specific conditions for the transmission of personal data by MROS to foreign law enforcement authorities. Art. 13 para. 1 MGwV states that for this specific form of information exchange, there must be a suspicion of money laundering, its predicate offences, organized crime or terrorist financing. In addition, personal data may only be exchanged by MROS with foreign law enforcement authorities if (alternatively):
it is necessary for MROS to obtain the information required (Art. 13 para. 2 let. a MLO);
the data is not related to international mutual assistance (Art. 13 para. 2 let. b MLO);
the request for administrative assistance is justified (Art. 13 para. 2 let. c MLO).
B. Different from mutual assistance
4 As with Art. 30 AMLA, the exchange of information under Art. 32 AMLA serves to prevent and analyse money laundering, its predicate offences, organised crime and terrorist financing. It is essential that the personal data exchanged between MROS and the foreign law enforcement authorities are not subject to international mutual assistance. International mutual assistance must therefore not be circumvented in this constellation (FIU-law enforcement agency), in the same way as the international exchange of information between reporting offices (FIU-FIU). Precisely because the partner authorities in this context are law enforcement authorities, particular attention must be paid to this circumstance.
C. Significance of the standard
5 In practice, Art. 32 AMLA is of little significance. The focus of the cooperation between MROS and foreign partner FIUs is on the exchange of financial information. In this regard, Art. 30 f. AMLA is applied. The Egmont Group, with its network of now over 170 FIUs attached to the “Egmont Secure Web” communication channel, is of great relevance in this context. A certain level of trust exists between the member FIUs, which makes the international exchange of information between reporting offices easier. Direct contact with a law enforcement agency abroad would be conceivable if a particular FIU failed to respond to a request for information from MROS, if it has no access to police information or is unable to obtain it, or if there are concerns about the independence of the foreign FIU in connection with a specific case.
III. Prohibition on disclosing the name of the reporting person (para. 3)
6 Para. 3 stipulates that the Swiss reporting office may not disclose the name of the person who submitted the suspicious activity report to the financial intermediary or dealer or who fulfilled the duty to provide information in accordance with Art. 11a AMLA to foreign law enforcement authorities. This paragraph came into force on February 1, 2009 and reflects the implementation of the then revised FATF recommendations. Since its introduction, para. 3 has been substantively amended twice. On November 1, 2013, it was expanded due to the introduction of Art. 11a AMLA. On the other hand, the prohibition on transmitting the name of the financial intermediary was removed, as permission for MROS to pass on the name of the financial intermediary to foreign FIUs was simultaneously included in the law under Art. 30 para. 2 let. a AMLA. The second substantive amendment came into force on January 1, 2016, with the addition of the dealers newly subordinated to the AMLA at that time.
7 Art. 32 para. 3 AMLA is intended to protect employees of reporting financial intermediaries or dealers from possible reprisals due to a report or information provided. For a detailed discussion of this topic, please refer to the comments in Chapter III.B. in OK-Kläy/Zaugg, Art. 30 AMLA.
Bibliography
Beuret Arnaud, Kommentierung zu Art. 32 GwG, in: Kunz Peter V./Jutzi Thomas/Schären Simon (Hrsg.), Stämpflis Handkommentar, Geldwäschereigesetz (GwG), Bern 2017.
Mráz Michael, Kommentierung zu Art. 32 GwG, in: Hsu Peter Ch./Flühmann Daniel (Hrsg.), Basler Kommentar, Geldwäschereigesetz, Basel 2021.
Thelesklaf Daniel/Ordolli Stiliano, Kommentierung zu Art. 32 GwG, in: Orell Füssli Kommentar, GwG Kommentar, 3. Aufl., Zürich 2019.
Materialis
Botschaft zur Änderung des Geldwäschereigesetzes vom 27.6.2012, BBI 2012 6941 ff., abrufbar unter https://www.fedlex.admin.ch/filestore/fedlex.data.admin.ch/eli/fga/2012/1031/de/pdf-a/fedlex-data-admin-ch-eli-fga-2012-1031-de-pdf-a.pdf, besucht am 1.8.2024.