Commentaries: Art. 16

FINMA, the FGB, the intercantonal authority, the Central Office and the supervisory organisations shall immediately submit a report to the Reporting Office if they have reasonable grounds to suspect that:¹
1. ² a criminal offence under Article 260^ter, 305^bisor 305^terSCC³has been committed;
2. ⁴ assets are the proceeds of a felony or an aggravated tax misdemeanour under Article 305^bisnumber 1^bisSCC;
3. ⁵ assets are subject to the power of disposal of a criminal or terrorist organisation; or
4. ⁶ assets serve the financing of terrorism (Art. 260^quinquiespara. 1 SCC).
This duty applies only if the financial intermediary or the self-regulatory organisation has not already submitted a report.
The supervisory organisation shall submit a copy of the report to FINMA at the same time.⁷

Amended by Annex 2 No 3 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551;BBl 2019 5451). ↩
Amended by Annex No II 6 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360;BBl 2018 6427). ↩
SR 311.0 ↩
Amended by No I 7 of the FA of 12 Dec. 2014 on the Implementation of the 2012 revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389;BBl 2014 605). ↩
Amended by Annex No II 6 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360;BBl 2018 6427). ↩
Inserted by No I 4 of the FA of 3 Oct. 2008 on the Implementation of the revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361;BBl 2007 6269). ↩
Inserted by Annex No II 15 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩

Art. 16