Commentaries: Art. 12b

Except in the case provided for in Article 9b paragraph 1 AMLA, the financial intermediary may terminate the business relationship if:
1. the Money Laundering Reporting Office Switzerland (MROS) notifies the financial intermediary within 40 working days of a report being made under Article 9 paragraph 1 letter a AMLA or Article 305^terparagraph 2 SCC¹that it is transmitting the reported information to a prosecution authority and the financial intermediary does not receive a ruling from the prosecution authority within five working days of this notification;
2. it does not receive a ruling from the prosecution authority within five working days of a report under Article 9 paragraph 1 letter c AMLA;
3. it is informed of the lifting of a freeze ordered by the prosecution authority on the basis of a report under Article 9 paragraph 1 AMLA or Article 305^terparagraph 2 SCC, unless a prosecution authority informs it otherwise.
If the financial intermediary terminates a business relationship in respect of which it decides not to exercise the right to report under Article 305^terparagraph 2 SCC, although the requirements are met, it may only permit the withdrawal of significant assets in a form that allows the prosecution authorities to follow their trail.
In the cases referred to in paragraph 1, the termination of the business relationship and the date of termination need not be communicated to MROS.

Art. 12b