Financial action task force groupe d x27 action financiere

Financial Action Task Force Groupe d'action ?nancière THIRD MUTUAL EVALUATION REPORT ON ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM SUMMARY SWITZERLAND October C ? FATF OECD All rights reserved No reproduction or translation of this publication may be made without prior written permission Applications for such permission for all or part of this publication should be made to the FATF Secretariat rue André Pascal Paris Cedex France Fax - - or e-mail Contact fatf-ga ? org VCS h CSUMMARY GENERAL INFORMATION As Switzerland is an international ?nancial services centre of the ?rst order the main source of criminal proceeds is from economic crime In the area of terrorist ?nancing Swiss investigations do not reveal any trends old or new as far as methods or techniques used and it seems too early at this stage to assess the impact of new CFT measures A major portion of the active ?nancial sector in Switzerland consists of banks securities brokers stock exchanges and investment funds In the non-banking sector the Money Laundering Law Loi sur le blanchiment d ? argent LBA applies not to speci ?c professions or industries but to speci ?c activities that may be used for money laundering purposes The LBA which entered into force in provides the non-banking sector with in addition to a very broad general clause a nonexhaustive list of the activities of ?nancial intermediaries that are subject to the Law In particular the LBA applies to asset managers credit institutions and speci ?cally those that engage in ?nancial leasing dealers in raw materials in the case of stock-market trading for third parties persons dealing in banknotes currency and negotiable precious metals bureaux de change persons who transfer money and value investment fund distributors and representatives o ?cial and de facto executive organs of Swiss or foreign domiciliary companies and lawyers and notaries who perform ?nancial intermediation outside their traditional professional activity Many trustee companies in Switzerland are full ?nancial intermediaries subject to all the due diligence obligations owing from the LBA Insurance companies are subject to the obligations imposed by the LBA This is also the case for casinos With a view towards implementing the revised FATF Recommendations especially the provisions concerning non ?nancial businesses and professions the Swiss government has proposed revisions to Swiss AML CFT legislation these revisions were submitted for consultation in early The LBA is an outline law based on the principle of self-regulation which had its origins in banking practice known as ??directed self-regulation ? The Swiss legislature has chosen to delegate the responsibility for determining speci ?c implementation rules for the law and for ensuring compliance with it either to administrative supervisory authorities or to self-regulatory organisations SROs One should make the following distinction Financial intermediaries pursuant to LBA Article This category involves ?nancial intermediaries that are subject to o ?cial supervision under special laws Even in this context self-regulatory mechanisms play an important role the SROs stipulate the implementation rules for the LBA Whether or not these intermediaries

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  • Publié le Mai 30, 2022
  • Catégorie Law / Droit
  • Langue French
  • Taille du fichier 130.5kB