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Wednesday, February 2, 2011

Swiss bank secrecy details Banking in Switzerland - Wikipedia, the free encyclopedia

Banking in Switzerland -

All banks in Switzerland are regulated by Swiss Financial Market Supervisory Authority (FINMA), which derives its authority from a series of federal statutes. The country's tradition of bank secrecy, which dates to the Middle Ages, was first codified in a 1934 law.[1]
As of 11 October 2008, the banking industry in Switzerland has an average leverage ratio (assets/networth) of 29 to 1, while the industry's short-term liabilities are equal to 260% of the Swiss GDP or 1,273% of the Swiss national debt.[2]

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E M B A S S Y O F S W I T Z E R L A N D
W a s h i n g t o n , D . C .
w w w . s w i s s e m b . o r g
© Embassy of Switzerland, Washington, D.C. www.swissemb.org
Swiss Banking Secrecy
Why banking secrecy?
Swiss banking secrecy protects the account information of bank clients from access by third
parties. In this sense it is similar to the professional secrecy of doctors and lawyers, being no
more than the protection of the private sphere of the citizen. The right to privacy is a
fundamental principle that is protected by all democratic countries. Banking secrecy is not
unique to Switzerland, today similar legislation on banking secrecy exists in many other
countries with a developed banking and financial system.
Banking secrecy does not protect criminal or illegal activity
Swiss banking secrecy is in no way absolute. It is lifted immediately if a Swiss judge or
prosecutor issues a lifting order in the course of a domestic or international criminal
investigation. This includes foreign criminal investigations of terrorist financing, money
laundering, insider trading, and tax fraud.
Measures to Prevent and Combat Financial Crimes
Switzerland employs comprehensive legislation to prevent and combat financial crimes. The
Money Laundering Act dictates that financial institutions, e.g. banks, fund managers,
insurance entities, security dealers, and casinos know the identity of their clients. In addition,
financial institutions must clarify the source of the funds and keep records for at least 10
years after the termination of the business relationship. Swiss law forbids banks to accept
money that they suspect originates from a crime. Banks are required to freeze immediately
an account with suspicious transactions and to notify the Money Laundering Reporting
Office. If criminal proceedings result from the investigation, the account remains frozen. With
no exception, Swiss laws oblige bank officers to testify and provide information to the Swiss
authorities in case of a criminal investigation. Failure to comply with these requirements is
punishable by up to five years in prison and a fine of up to 1 million Swiss Francs.
There are no anonymous accounts in Switzerland
Switzerland outlaws “anonymous accounts”: account holders must provide without exception
their identity documents to banks and banks are required to verify this information. This rule
also applies to numbered accounts. Numbered accounts are no different from ordinary
accounts except that the detailed data of the account holder is only accessible to selected
senior bank officers rather than to all bank employees. That said, all of the data in numbered
accounts is accessible to the authorities conducting criminal investigations, in the same way
it is for ordinary accounts.
Related Fact Sheets:
Combating Money Laundering and the Financing of Terrorism
The Swiss Financial Center
External Links:
Swiss Federal Banking Authority
Money Laundering Control Authority
Official Speeches:
"The true meaning of the “Swiss banking secrecy” : What it is/What it is not”
“The Protection of Privacy vs. the Prevention of Financial Crime”
“The Swiss Banking Secrecy and the Fight against Financial Crime”

List of banks in Switzerland

From Wikipedia, the free encyclopedia

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[edit]Top Tier Swiss Banks

Swiss based banks with a significant presence domestically and overseas with considerable assets under management, listed in alphabetical order.
  1. Bank Sarasin & Cie AG
  2. Clariden Leu AG
  3. Credit Suisse
  4. EFG Bank European Financial Group SA
  5. Julius Bär & Co. AG
  6. Rothschild Bank AG
  7. UBS AG
  8. Union Bancaire Privée, UBP
  9. Bank Vontobel AG

[edit]Banks Incorporated in Switzerland

  1. AAM Privatbank AG
  2. Aareal Bank AG, Wiesbaden, Zweigniederlassung Zürich
  3. Aargauische Kantonalbank
  4. Adler & Co. Privatbank AG
  5. AKB Privatbank Zürich AG
  6. Alpha RHEINTAL Bank AG
  7. Alternative Bank ABS
  8. Appenzeller Kantonalbank
  9. ARVEST Privatbank AG
  10. Atlantic Vermögensverwaltungsbank
  11. Baloise Bank SoBa
  12. BANCA ARNER SA
  13. Banca Commerciale Lugano
  14. BANCA CREDINVEST SA
  15. Banca del Ceresio SA
  16. Banca del Sempione
  17. Banca dello Stato del Cantone Ticino
  18. BANCA GESFID
  19. Banca Intermobiliare di Investimenti e Gestioni (Suisse) SA
  20. Banca Popolare di Sondrio (Suisse) SA
  21. Banca Privata Edmond de Rothschild Lugano SA
  22. BANCA ZARATTINI & CO. SA
  23. Bank aek Genossenschaft
  24. Bank am Bellevue
  25. Bank CA St. Gallen AG
  26. Bank CIC (Schweiz) AG
  27. Bank Coop AG
  28. Bank EEK AG
  29. Bank EKI Genossenschaft
  30. Bank Frey & Co. AG
  31. Bank Hugo Kahn & Co. AG
  32. Bank in Zuzwil
  33. Bank Linth LLB AG
  34. Bank Sparhafen Zürich AG
  35. Bank Thalwil
  36. Bank Thur
  37. Bank zweiplus ag
  38. Bank-now AG
  39. Banque Baring Brothers Sturdza SA
  40. Banque Bénédict Hentsch & Cie SA
  41. Banque Bonhôte & Cie SA
  42. Banque Cantonale de Fribourg
  43. Banque Cantonale de Genève
  44. Banque Cantonale du Jura
  45. Banque Cantonale du Valais
  46. Banque Cantonale Neuchâteloise
  47. Banque Cantonale Vaudoise
  48. Banque Cramer & Cie SA
  49. Banque de Crédit et de Dépôts SA, Bankred
  50. Banque de Dépôts et de Gestion
  51. Banque Du Bois AG
  52. Banque Franck, Galland & Cie SA
  53. BANQUE HERITAGE
  54. Banque Jacob Safra (Suisse) SA
  55. Banque Jura Laufon
  56. Banque Louis SA
  57. BANQUE MORVAL
  58. Banque Pasche SA
  59. Banque Piguet & Cie SA
  60. Privée Edmond de Rothschild SA
  61. Banque Safdié SA
  62. Banque SCS Alliance SA
  63. Banque Syz & Co SA
  64. Banque Vontobel Genève SA
  65. Bantleon Bank AG
  66. Basellandschaftliche Kantonalbank
  67. Basler Kantonalbank
  68. Bayerische Hypo- und Vereinsbank Aktiengesellschaft, München, Zweigniederlassung Zürich
  69. BBO Bank Brienz Oberhasli AG
  70. Berner Kantonalbank AG
  71. Bernerland Bank AG
  72. Bezirks-Sparkasse Dielsdorf
  73. Bezirkssparkasse Uster
  74. BGG, Banque Genevoise de Gestion
  75. Biene - Bank im Rheintal Genossenschaft
  76. BIPIELLE Bank (Suisse)
  77. BS Bank Schaffhausen
  78. BSI SA
  79. Burgergemeinde Bern, DC Bank, Deposito-Cassa der Stadt Bern
  80. Burgerliche Ersparniskasse Bern
  81. BZ Bank Aktiengesellschaft
  82. CIM Banque
  83. Caisse d'Epargne d'Aubonne
  84. Caisse d'Epargne de Cossonay société coopérative
  85. Caisse d'Epargne de la Ville de Fribourg
  86. Caisse d'Epargne de Nyon société coopérative
  87. Caisse d'épargne de Vuisternens-devant- Romont
  88. Caisse d'Epargne du district de Courtelary
  89. Caisse d'Epargne et de Crédit Mutuel de Chermignon
  90. Caisse d'Epargne Riviera, société coopérative
  91. Caja de Ahorros de Galicia, La Corogne, succursale de Genève
  92. Clientis AG
  93. Clientis Bank Huttwil AG
  94. Clientis Bank im Thal AG
  95. Clientis Bank Küttigen-Erlinsbach AG
  96. Clientis Bank Leerau Genossenschaft
  97. Clientis Bank Oberuzwil AG
  98. Clientis Bank Toggenburg AG
  99. Clientis EB Entlebucher Bank AG
  100. Clientis Triba Partner Bank AG
  101. Cornèr Banca SA
  102. CREDIT MUTUEL DE LA VALLEE SA
  103. Credito Privato Commerciale SA
  104. Dominick Company AG
  105. Dreyfus Söhne & Cie. Aktiengesellschaft, Banquiers
  106. Dynagest SA
  107. DZ PRIVATBANK (Schweiz) AG
  108. Entris Banking AG
  109. Ersparniskasse Affoltern i.E. AG
  110. Ersparniskasse Rüeggisberg
  111. Ersparniskasse Schaffhausen AG
  112. Ersparniskasse Speicher
  113. FCE Bank plc, Brentwood, Zweigniederlassung Schweiz
  114. Finter Bank Zürich
  115. FMCC Finance, Zweigniederlassung Wallisellen der VOLVO Auto Bank Deutschland GmbH, Köln
  116. Freie Gemeinschaftsbank
  117. Glarner Kantonalbank
  118. Graubündner Kantonalbank
  119. GRB Glarner Regionalbank
  120. Hinduja Bank (Switzerland) Ltd
  121. HYPOSWISS Privatbank AG
  122. Hyposwiss Private Bank Genève SA
  123. Hypothekarbank Lenzburg
  124. InCore Bank AG
  125. ICB Financial Group Holdings AG
  126. J&T Bank Schweiz AG
  127. KBL (SWITZERLAND) LTD
  128. Landolt & Cie, banquiers
  129. LBBW (Schweiz) AG
  130. Leihkasse Stammheim
  131. Lienhardt & Partner Privatbank Zürich AG
  132. Luzerner Kantonalbank AG
  133. Maerki Baumann & Co AG
  134. MediBank
  135. Mercantil Bank (Schweiz) AG
  136. Migros Bank
  137. Neue Aargauer Bank
  138. Nidwaldner Kantonalbank
  139. NPB Neue Privat Bank AG
  140. NZB Neue Zürcher Bank AG
  141. Obersimmentalische Volksbank
  142. Obwaldner Kantonalbank
  143. P&P Private Bank AG
  144. PKB PRIVATBANK SA
  145. Privatbank Bellerive AG
  146. Privatbank IHAG Zürich AG
  147. Privatbank Von Graffenried AG
  148. Private Client Bank
  149. Private Client Partners
  150. Private Zürich
  151. Raiffeisen Schweiz Genossenschaft
  152. RAS Private Bank (Suisse) SA
  153. Regiobank Männedorf AG
  154. Regiobank Solothurn AG
  155. Rüd, Blass & Cie AG Bankgeschäft
  156. SB Saanen Bank AG
  157. Schaffhauser Kantonalbank
  158. Schwyzer Kantonalbank
  159. SIX SIS AG
  160. SIX x-clear AG
  161. Società Bancaria Ticinese
  162. SOCIETE BANCAIRE PRIVEE SA
  163. Spar + Leihkasse Gürbetal
  164. Spar + Leihkasse Münsingen AG
  165. Spar + Leihkasse Steffisburg
  166. Spar- und Leihkasse Bucheggberg AG
  167. Spar- und Leihkasse Frutigen
  168. Spar- und Leihkasse Leuk und Umgebung
  169. Spar- und Leihkasse Riggisberg
  170. Spar- und Leihkasse Thayngen AG
  171. Spar- und Leihkasse Wynigen
  172. Sparcassa 1816 Gen.
  173. Sparkasse Engelberg
  174. Sparkasse Horgen AG
  175. Sparkasse Küsnacht ZH
  176. Sparkasse Oftringen
  177. Sparkasse Schwyz AG
  178. Sparkasse Sense
  179. Sparkasse Trogen
  180. Sparkasse Wiesendangen
  181. Zürcher Oberland
  182. St. Galler Kantonalbank
  183. Standard Bank AG
  184. Swissquote Bank
  185. swissregiobank AG
  186. Thurgauer Kantonalbank
  187. Trafina Privatbank AG
  188. Urner Kantonalbank
  189. Vadian Bank AG
  190. Valartis Bank AG
  191. Valiant Bank AG
  192. Valiant Privatbank AG
  193. VP Bank (Schweiz) AG
  194. Depotbank AG
  195. WIR Bank
  196. ZLB Zürcher Landbank
  197. Zuger Kantonalbank
  198. Zurich Cantonal Bank

Silence Is Golden

STATUS QUO: Roth sees no need to exchange data with the E.U.
JUERG MEULLER/AP
A Swiss bank account no longer offers the ironclad protection it used to. Embarrassed by its image as the banker of choice for Third World tyrants and organized criminals, over the past decade Switzerland has introduced a raft of legislation designed to clean up its status as a financial haven, including anti-money-laundering laws that are among the toughest anywhere. The country now routinely cooperates in international criminal cases and has taken major steps after Sept. 11 to help track the financing of terrorism.


But on one issue Switzerland has remained unyielding: tax evasion by nonresidents. If a German dentist or a French entrepreneur has an account in Zurich or Geneva and doesn?t declare the interest back home, the Swiss say that?s not their problem. It?s an attitude that has long infuriated Switzerland?s neighbors. Now it is hurtling the country toward a head-on collision with the European Union that threatens to frustrate efforts to improve Switzerland?s international image?and could spell the end of its fabled banking secrecy once and for all.


At the heart of the dispute is an E.U. directive, finally agreed to last year after more than a decade of work, that aims to curb tax evasion through an exchange of tax information among member states. Prompted by Luxembourg and Austria?two tax havens within the E.U. that are particularly concerned about a flight of capital from their banks?Brussels is asking the Swiss to help out. It wants Switzerland, which is not an E.U. member, to automatically provide information to tax authorities about bank accounts held by E.U. residents.


To judge from the reaction in Switzerland, complying with the demand would be like giving away the Alps. "We won?t allow ourselves to be crushed by the weight of the E.U.," says Hans Kaufmann, a former bank economist and the Swiss member of the parliament spearheading a move to add banking secrecy to the constitution as a fundamental right. The proposal by his Swiss People?s Party is now working its way through parliamentary committees, but already it has won significant support. Two cantons, Zurich and Aargau, have voted to back the initiative, and several other cantons are considering throwing their weight behind it too. With polls conducted earlier this year showing that three in four Swiss support banking secrecy, any attempt to persuade the citizens to lift it "doesn?t stand a ghost of a chance," President Kaspar Villiger told a meeting of the Swiss Employers? Association in June?though other polls suggest there may be some movement in public opinion.


What makes this last stand of Swiss banking secrecy particularly intriguing is the clash between morality and money, as well as the underlying geopolitics. On the one hand, many Swiss see secrecy as a cornerstone of the nation?s prosperity, something that gives Switzerland an edge in the competition among global financial centers. The Swiss are world leaders in managing cross-border private wealth, holding more than a quarter of the total assets parked by residents of one country in another. (Use the word offshore to a Swiss banker and you?re liable to get a half-hour lecture on why Switzerland is not an offshore financial center?mostly because the term offshore is ill-defined and mildly pejorative, associated with a lack of regulation.)


On the other hand, despite the recent cleanup efforts, the continuing adherence to secrecy leaves Switzerland vulnerable to the accusation that it has something to hide?a charge that makes the Swiss cringe. And despite a historic reflex dating back to William Tell to thumb their noses at the outside world, the Swiss realize they need to maintain good relations with the E.U., which completely surrounds them and accounts for about two-thirds of their trade. "It?s not in our long-term interest to profit from any loopholes," says Urs P. Roth, chief executive of the Swiss Bankers? Association, who nonetheless adds: "I don?t see why we should adopt a system with which we aren?t familiar."


At the first round of talks on the issue in June, the Swiss told the E.U. that an information exchange was out of the question, and offered an alternative proposal. While unwilling to pass on bank account details, Switzerland would be prepared to levy a withholding tax on the bank accounts of E.U. residents. This would safeguard client privacy, but still provide European treasuries with tax revenue. "We think it?s a most unique offer," says Gregor Kündig, an executive member of the national industry federation Economiesuisse who deals with E.U. issues. "It has never happened in history that we collected taxes for other states."


Unprecedented, perhaps, but still unacceptable to Brussels. E.U. officials say the withholding tax would pose significant bureaucratic problems as member states try to figure out who should receive how much of the money that is withheld. Politically, it?s just not enough for Luxembourg and Austria.


The talks resumed on Sept. 3 after a summer recess, but a war of words was heating up before that date. German Finance Minister Hans Eichel publicly reprimanded Switzerland at the E.U.?s Seville summit in June, saying it was unacceptable for any nation to make a living as "a safe haven for tax evaders." A British treasury minister, Paul Boateng, has attacked Swiss banking secrecy as an obstacle to fighting terrorism. And E.U. officials say privately that they expect pressure on Switzerland to build this fall as more politicians direct the spotlight toward Swiss morals. "The Swiss will inevitably be portrayed as profiting from the proceeds of what everyone else thinks of as a crime," says a senior official closely involved in the discussions. Quips Michel Y. Dérobert, secretary-general of the Swiss Private Bankers? Association in Geneva: "We?ve left the field of taxation to enter the field of wild politics."


As students of recent Swiss history can attest, international public pressure?especially when it relates to moral issues?can be highly effective in lifting banking secrecy. A long-standing tradition dating back to the Middle Ages, secrecy was codified into Swiss law in 1934, just as Hitler was consolidating his power in Germany, Stalin was purging his opponents in the Soviet Union and a clenched fistful of dictators were strutting around other European countries. By law, bankers who breach client confidentiality today face up to six months in jail and a fine of up to $33,000.


With secrecy came abuse. The Swiss themselves were so startled by revelations in 1977 about rogue activities at the Chiasso branch of Credit Suisse?whose managers allegedly funneled funds through an offshore trustee company, hiding losses from their supervisors?that a new age of tougher bank regulation was ushered in. First came due-diligence rules that compelled banks to identify all their clients and establish the beneficial owners of assets. For over two decades now, banks have been obliged to keep a copy of some official identification of a client, like a passport?a measure that U.S. banks are only now starting to adopt as part of the post-Sept. 11 fight against terrorism.


The fall of Ferdinand Marcos, the corrupt former President of the Philippines, led to the first major break with the secrecy tradition. Under enormous worldwide pressure, the Swiss in 1986 froze accounts belonging to Marcos, and later transferred more than $600 million into an escrow account in Manila. The case marked the start of Swiss cooperation in international criminal cases and the advent of tough laws against money laundering. Any suspicions of money laundering must now be reported to a central monitoring agency in Bern. Strict rules hold senior bank managers accountable for the accounts of politicians, whatever country they come from.


In two recent cases the laws brought striking results. Banking regulators publicly reprimanded several Swiss banks?by name?for keeping accounts belonging to relatives of the former Nigerian dictator Sani Abacha. And it was the Swiss in the autumn of 2000 who tipped off Peru that Vladimiro Lenin Montesinos Torres, the former head of Peruvian intelligence, had stashed away about $114 million in five Swiss accounts. Judicial authorities in Zurich blocked the accounts after the banks themselves reported their suspicions. The Swiss ambassador in Lima then informed the Peruvian government and urged it to open an international criminal investigation, with which Switzerland cooperated. In addition, it was fierce international pressure that led the Swiss to disclose information about thousands of dormant accounts belonging to victims of the Nazis?and to pay $1.25 billion in 2000 to settle class actions relating to those accounts.


Taxing savings is less of a headline-grabbing issue than the money of fallen dictators or Holocaust victims, but for the E.U. it may be just as significant. The planned exchange of tax information would create the beginnings of a more unified pan-European fiscal system, and end the anomaly of tax havens within the E.U. Germany in the 1990s saw how damaging capital flight could be when it instituted a special withholding tax on savings to pay for reunification, sparking an exodus of billions of marks to neighboring Luxembourg. Tax evasion is not a criminal offense in Switzerland, and the Swiss say they have good systems for preventing it at home: they levy a hefty 35% withholding tax on dividend and interest income for their own citizens.


Along Zurich?s Bahnhofstrasse, home to the nation?s biggest banks and priciest jewelers, nerves are fraying. These are tough times for the Swiss financial services sector, which accounts for more than 10% of the nation?s gross domestic product and approximately 6% of jobs. The long slide of world stock markets is taking its toll on profitability and forcing bankers to work particularly hard to calm their well-heeled clients. Swiss banks have also borne the brunt of a successful tax amnesty mounted earlier this year by Giulio Tremonti, Italy?s Finance Minister. Italians repatriated assets valued at j52 billion, paying a symbolic 2.5% fine in exchange for immunity. Much of the total was pulled out of Switzerland; j10.6 billion came from just one Swiss bank, UBS (although the bank says almost half of that money was moved to branches it has opened in Italy).


From the perspective of their boardrooms, bankers are hopeful the current storm will blow over. "If we were being really hard in this negotiation, we?d say to the E.U. that it?s not our problem," says Dérobert of the private bankers? association. "If it?s just a question of abolishing something that we hold dear in order to help the competition, we?re not interested." Says Thomas Baer, chairman of Bank Julius Baer: "German banks, as all banks, are not in as good a shape as they were, and they?d welcome any opportunity to go against their competition."


Down at street level, the view is less confident. "Banking secrecy is an old tradition in Switzerland, but in the end Switzerland will have to adapt itself to the E.U.," says Otto Boesch, a retiree from St. Gallen, checking his stocks on a big board outside the Bahnhofstrasse headquarters of UBS. Concurs Marc Weber, who works nearby in a bank he won?t name: "Switzerland can?t isolate itself. We can?t survive as a fortified island in today?s world. It?s just a question of time."


Still, many Swiss are bracing for a fight. In a front-page editorial on Aug. 1, Switzerland?s national holiday, the Neue Zürcher Zeitung went so far as to liken the E.U. information-exchange measures to the all-intrusive Big Brother state of George Orwell?s novel 1984. And Gregor Rutz, general secretary of the Swiss People?s Party, which is pushing the constitutional amendment, contends that banking secrecy "is not at all anachronistic. It?s a highly modern policy that is particularly important today at a time when we experience ever more state intervention in the private lives of citizens." Brussels, are you listening?


Read more: http://www.time.com/time/search/article/0,8599,348968,00.html#ixzz1CnmGcZvl

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