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Section 1 General
Art. 13 Dealers
Persons who trade commercially in goods on behalf and for the account of third parties and, in doing so, accept cash are also considered to be dealers under Article 2 paragraph 1 letter b AMLA.
Art. 14 Commercial trade
1 Trade is deemed to be commercial if it constitutes an independent economic activity pursued on a permanent, for-profit basis. 2 It is not decisive whether the trade is carried on as a main or secondary activity.
Art. 15 Goods
Goods are movable tangible property that may be the subject of a chattel sale under Article 187 of the Code of Obligations (CO) or immovable property that may be the subject of a sale of immovable property under Article 216 CO.
SR 220
Art. 16 Involvement of third parties
If dealers use a third party to settle the transaction and thereby accept the purchase price in cash, they must ensure, irrespective of their legal relationship with the third party, that the due diligence and reporting duties of Section 2 of this Chapter are complied with.
Section 2 Due Diligence and Reporting Duties
Art. 17 Verification of the identity of the customer
1 The dealer shall identify the customer at the time of conclusion of the contract by means of the following information: a. surname and first name; b. address; c. date of birth; and d. nationality. 2 If the customer originates from a country in which the use of dates of birth or addresses is not customary, this information shall be omitted. 3 The customer shall be identified by the dealer: a. by having the customer present the original of an official identification document containing a photograph of the customer, namely a passport, an identity card or a driving licence; b. by checking whether the identification document pertains to the customer; c. by making a copy of the identification document; and d. by noting on the copy that the original has been consulted. 4 If the customer is represented, its representative shall: a. provide the information referred to in paragraph 1 if the customer is a natural person; b indicate the name and registered office of the customer if it is a legal
Art. 18 Establishing the identity of the beneficial owner
1 The dealer shall establish the identity of the beneficial owner by enquiring of the customer or its representative whether the customer itself is the beneficial owner of the money. 2 If the customer is not the beneficial owner, the dealer shall require the customer or its representative to provide a written declaration as to who the beneficial owner is. Beneficial owners are deemed to be: a. the natural persons for whose account the acquisition is made; b. in the case of an acquisition for the account of a non-listed, operationally active legal entity or partnership: 1. the natural persons who directly or indirectly, alone or in concert with third parties, hold at least 25 per cent of the capital or voting rights, or 2. the natural persons who otherwise exercise control. 3 If no beneficial owners under paragraph 2 letter b can be identified, the identity of the most senior member of the executive body shall be established. 4 The dealer requires the following information to identify t
Art. 19 Additional clarifications
1 The dealer shall verify the background to the transaction, namely the origin of the money, and the purpose of the transaction if it appears unusual or if there are indications of money laundering. 2 There are indications of money laundering in particular if: a. the person pays predominantly with small denomination banknotes; b. easily saleable goods with a high degree of standardisation are the main items purchased; c. the person does not provide any information or provides insufficient information to identify him or herself in accordance with Article 17 or to establish the identity of the beneficial owner in accordance with Article 18; d. the person makes obviously false or misleading statements; e. there are doubts about the authenticity of the identity documents presented. 3 Verification shall be carried out by the dealer asking the customer or its representative about the background and the purpose of the transaction, assessing the plausibility of the information and recording th
Art. 20 Duty to report
1 There are reasonable grounds for suspicion that lead to a duty to report under Article 9 paragraph 1bis AMLA if specific evidence or several indications lead to the assumption that the means for making a cash payment originate from a criminal offence and the suspicion cannot be dispelled on the basis of additional clarifications under Article 19. 2 A report must also be made even if the dealer is uncertain as to what specific offence the criminal act from which the means for making a cash payment originated constitutes. 3 The transmission of reports is governed by Article 3a paragraphs 1, 2 and 3 of the Ordinance of 25 August 2004 on the Money Laundering Reporting Office Switzerland.
Para. 3 — SR 955.23 Para. 3 — Amended by No III of the O of 27 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4701).
Art. 21 Documentation
1 The dealer shall use the form in Annex 1 or a comparable document to document compliance with the due diligence and reporting duties. 2 The following shall be entered on the form or in the document: a. all information on customers obtained in accordance with Articles 17 and 18; b. the result of the additional clarifications in accordance with Article 19; c. whether a report has been made in accordance with Article 20. 3 The form or document shall be dated as of the date of the transaction and signed by the dealer. 4 It shall be retained for at least ten years.
Section 3 Appointment of an Auditor
Art. 22
1 The duty of the dealer under Article 15 AMLA to appoint an auditor exists independently of the duty to have the annual and, if applicable, the consolidated financial statements audited. 2 If the dealer does not have an auditor, the most senior management or administrative body shall appoint auditors in accordance with Article 5 or an audit firm in accordance with Article 6 of the Audit Oversight Act of 16 December 2005 (AOA) to conduct the audit.
Para. 2 — SR 221.302