Anti-money laundering—Switzerland—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-money laundering—Switzerland—Q&A guide
  • 1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.
  • 2. Describe any specific powers to identify proceeds of crime or to require an explanation as to the source of funds.
  • 3. Which government entities enforce your jurisdiction’s money laundering laws?
  • 4. Can both natural and legal persons be prosecuted for money laundering?
  • 5. What constitutes money laundering?
  • 6. Is there any limitation on the types of assets or transactions that can form the basis of a money laundering offence?
  • 7. Generally, what constitute predicate offences?
  • 8. Are there any codified or common law defences to charges of money laundering?
  • 9. What is the range of outcomes in criminal money laundering cases?
  • More...

Anti-money laundering—Switzerland—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-money laundering in Switzerland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Homburger—Flavio Romerio; Katrin Ivell

1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.

The criminal provision that prohibits all forms of money laundering is contained in article 305-bis of the Swiss Criminal Code. It prohibits 'any person [to carry out] any act that is aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets that he knows or must assume originate from a felony or aggravated tax misdemeanour'.

The Federal Act on Combating Money Laundering and Terrorist Financing (the Anti-Money Laundering Act (AMLA)) contains provisions detailing due diligence requirements, transaction reporting, identification procedures and record-keeping requirements for financial intermediaries when dealing with customers. The AMLA also stipulates the obligation to report to the Money Laundering Report Office Switzerland (MROS) any cases of suspicion of money laundering.

The AMLA is addressed to financial intermediaries and to merchants that deal in goods commercially and, in doing so, accept cash. The specific duties of financial intermediaries under the AMLA are further specified in various ordinances concerning the prevention of money laundering and terrorist financing, the most relevant being the Ordinance issued by

Popular documents