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Thursday, November 19, 1998

Swiss president vows to block dirty assets 

Tamal Bandyopadhyay  
Bern, Nov 18: Swiss confederation president and head of the federal department of foreign affairs Flavio Cotti has reiterated his commitment to fight corruption and money laundering.

Admitting that the Swiss banking system "was used in the past for unacceptable activities in the financial world", Cotti said: "We are committed to block dirty assets in Switzerland."

Swiss banks and the government have been actively engaged in battling organised crime by establishing a comprehensive network of legal standards and self-regulatory measures as a defence.

The Federal Banking Commission, the apex body for financial-sector supervision in Switzerland, has received 74 reports of suspicious activities ever since the new money-laundering law has come into force in July this year, making it clear that the banking system will no longer be a safe haven for dirty money.

The commission has blocked accounts worth Swiss franc 175 million. Eighty per cent of the cases have been reported by banks and 49 cases are, at present, under investigation in the cantons. However, it cannot be ascertained whether any Indian is involved in "suspicious activities".

"Money laundering is the financial result of a crime. We have adopted the toughest regulation in the world. Even banking-secrecy clauses have been lifted to ensure criminal investigations," said Silvia Matile-Steiner, member of the management board of Swiss Bankers' Association.

Switzerland has put in a comprehensive defence network in place, which marks the first step towards fighting money laundering. Agreement on the Swiss banks' code of conduct for exercising due diligence has been revised effective July 1. The salient features of the new set of norms of due diligence relate to:

  • containing standards for customers identification, renouncing active assistance for capital flight of tax-dodging operations;

  • requiring identification of contractual partners at the start of a business relationship;

  • establishing the beneficial owner where doubt exists that the partner is really depositing his/her own assets; and * requiring identification for numbered accounts, as well.

    Adherence to the due deligience process is monitored by the Federal Banking Commission and the contravention of which is punishable by a fine up to Swiss franc 10 million.

    Money laundering reporting office Switzerland (MROS), which is part of federal office for police matters, is vested with the function of a relay and a filter between the financial intermediary and the prosecuting authorities. The latest revision in the money-laundering act (MLA) has made it mandatory for banks and financial intermediaries to report to MROS if they suspect that assets involved in business relationship are proceeds of a crime.

    The MROS assesses the reports, sent in by the financial intermediaries, and operates the data-processing system for combating money laundering.

    "Even the banking-secrecy laws do not come in the way to fight dirty money," said an official of the Swiss Bankers' Association. "Banks are obliged to give information to the criminal investigation authorities when a customer is being investigated on suspicion of money laundering or another punishable act. However, customers whose money has been earned honestly continue to enjoy the full protection of the banking-secrecy law," association officials said.

    Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.

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