The Reporting Office may pass on the personal data and other information that are in its possession or that it may obtain under this Act to a foreign reporting office provided that office:
guarantees that it will use the information solely for the purpose of analysis in the context of combating money laundering and its predicate offences, organised crime or terrorist financing;
guarantees that it will reciprocate on receipt of a similar request from Switzerland;
guarantees that official and professional secrecy will be preserved;
guarantees that it will not pass on the information received to third parties without the express consent of the Reporting Office; and
will comply with the conditions and restrictions imposed by the Reporting Office.
It may pass on the following information in particular:
1 the name of the financial intermediary or the dealer, provided the anonymity is preserved of the person making the report or who has complied with a duty to provide information under this Act;
account holders, account numbers and account balances;
beneficial owners;
details of transactions.
Information is passed on in the form of a report.
The Reporting Office may consent to information being passed on by the foreign reporting office to a third authority provided the latter guarantees that:
a. it will use the information solely:
1. for the purpose of analysis in the context of combating money laundering and its predicate offences, organised crime or terrorist financing, or
2. to institute criminal proceedings relating to money laundering and its predicate offences, organised crime or terrorist financing or to obtain evidence in response to a request for mutual assistance relating to such criminal proceedings;
b. they will not use the information to prosecute offences that are not offences predicate to money laundering under Swiss law;
c. they will not use the information in evidence; and
d. they will preserve official or professional secrecy.
If the request to pass on the information to a foreign third authority concerns a matter that is the subject of criminal proceedings in Switzerland, the Reporting Office shall first obtain the consent of the public prosecutor’s office responsible for the proceedings.
The Reporting Office is entitled to make more detailed arrangements on the modalities of cooperation with foreign reporting offices.
Footnotes
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). ↩
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