Commentaries: Art. 22a

The Federal Department of Finance (FDF) shall pass on to FINMA, the FGB, the intercantonal authority and the Central Office data which it has received from another State and which have been published by that State on persons and organisations that have been placed on a list in the State concerned on the basis of United Nations Security Council Resolution 1373 (2001)¹due to terrorist activities or support thereof.²
FINMA shall pass on the data received from the FDF to:
1. ³ the financial intermediaries under its supervision in accordance with Article 2 paragraph 2 letters a and b–d^quater;
2. ⁴ the supervisory organisations for the attention of the financial intermediaries in accordance with Article 2 letter a^bisthat are subject to their ongoing supervision;
3. the self-regulatory organisations for the attention of the financial intermediaries affiliated to them.
The FGB, the intercantonal authority and the Central Office shall pass on the data received from the FDF to the financial intermediaries under their supervision in accordance with Article 2 paragraph 2 letters e to g.⁵
The FDF shall not pass any data on to FINMA, the FGB, the intercantonal authority or the Central Office if, after consulting the Federal Department of Foreign Affairs, the FDJP, the Federal Department of Defence, Civil Protection and Sport and the Federal Department of Economic Affairs, Education and Research, it must assume that human rights or principles of the rule of law would be violated.⁶

www.un.org > English > Peace and Security > Security Council > Resolutions > 2001 > 1373 ↩
Amended by No I of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551;BBl 2019 5451). ↩
Amended by No I 8 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Aug. 2021 (AS 2021 33,399;BBl 2020 233). ↩
Amended 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). ↩
Amended by No I of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551;BBl 2019 5451). ↩
Amended by No I of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551;BBl 2019 5451). ↩

Art. 22a

Footnotes