Anti-Money Laundering Act (AMLA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Section 1 Cooperation among Domestic Authorities
Art. 29 Exchange of information among authorities
1 FINMA, the FGB, the intercantonal authority, the Central Office and the Reporting Office may provide each other with any information they require for the application of this Act. 2 The federal, cantonal and communal authorities shall if requested by the Reporting Office or the central offices of the Federal Criminal Police pass on to the Reporting Office or the said central offices all the data required for the analyses in relation to combating money laundering, its predicate offences, organised crime or the financing of terrorism. The data include in particular financial information and other sensitive personal data obtained in criminal, administrative criminal and administrative proceedings, including those from pending proceedings. 2bis The Reporting Office may provide, on a case-by-case basis, the authorities referred to in paragraph 2 with information in individual cases provided the authorities use the information exclusively for combating money laundering, its predicate offenc
Art. 29 — Inserted by No I 4 of the FA of 3 Oct. 2008 on the Implementation of the revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361; BBl 2007 6269). Para. 1 — Amended by No I of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451). Para. 2 — Amended by No I 7 of the FA of 12 Dec. 2014 on the Implementation of the 2012 revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2
Art. 29a Prosecution authorities
1 The prosecution authorities shall notify the Reporting Office without delay of any pending proceedings connected with Articles 260ter, 260quinquies paragraph 1, 305bis and 305ter paragraph 1 SCC. They shall provide the Reporting Office without delay with judgements and decisions on the closure of proceedings, including the grounds therefor. 2 They shall also notify the Reporting Office without delay of rulings that they have issued on the basis of a report from the Reporting Office. 2bis They shall use the information passed on by the Reporting Office in accordance with the conditions laid down by the Reporting Office in each individual case in accordance with Article 29 paragraph 2ter. 3 They may provide FINMA, the FGB, the intercantonal authority and the Central Office with all the information and documents they request in the course of performing their task, provided that this is not prejudicial to the criminal proceedings. 4 FINMA, the FGB, the intercantonal authority and the Cen
Art. 29a — Inserted by No I 4 of the FA of 3 Oct. 2008 on the Implementation of the revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361; BBl 2007 6269). Para. 1 — SR 311.0 Para. 1 — Amended by Annex No II 6 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Orga
Section 1a Cooperation with Supervisory Organisati
Inserted by No I of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
Art. 29b
1 The Reporting Office may exchange with the supervisory organisations and self-regulatory organisations all information that is necessary for the application of this Act. 2 It may only pass on information from prosecution authorities with their express consent to supervisory organisations and self-regulatory organisations. 3 It may only pass on information from foreign reporting offices with their express consent and exclusively for the purposes specified in Article 29 paragraph 2bis to supervisory organisations and self-regulatory organisations.
Section 2 Cooperation with Foreign Authorities
Art. 30 Cooperation with foreign reporting offices
1 The Reporting Office may pass on the personal data and other information that are in its possession or that it may obtain under this Act to a foreign reporting office provided that office: a. guarantees that it will use the information solely for the purpose of analysis in the context of combating money laundering and its predicate offences, organised crime or terrorist financing; b. guarantees that it will reciprocate on receipt of a similar request from Switzerland; c. guarantees that official and professional secrecy will be preserved; d. guarantees that it will not pass on the information received to third parties without the express consent of the Reporting Office; and e. will comply with the conditions and restrictions imposed by the Reporting Office. 2 It may pass on the following information in particular: a. the name of the financial intermediary or the dealer, provided the anonymity is preserved of the person making the report or who has complied with a duty to provide info
Art. 30 — Amended by No I of the FA of 21 June 2013, in force since 1 Nov. 2013 (AS 2013 3493; BBl 2012 6941). Para. 2 let. a — Amended by No I 7 of the FA of 12 Dec. 2014 on the Implementation of the 2012 revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).
Art. 31 Refusal to provide information
A request for information from a foreign reporting office shall not be granted if: a. the request has no connection with Switzerland; b. the request requires the application of procedural compulsion or other measures or acts for which Swiss law stipulates mutual assistance procedures or another procedure regulated in special legislation or an international treaty; c. national interests or public security and order will be prejudiced.
Art. 31 — Amended by No I of the FA of 21 June 2013, in force since 1 Nov. 2013 (AS 2013 3493; BBl 2012 6941).
Art. 31a Applicable provisions of the Federal Act of 7 October 1994 on Central Offices of the Federal Criminal Police
Unless this Act provides otherwise in relation to data processing and administrative assistance provided by the Reporting Office, the first and fourth sections of the Federal Act of 7 October 1994 on the Central Offices of the Federal Criminal Police apply by analogy.
Art. 31a — Inserted by No I of the FA of 21 June 2013, in force since 1 Nov. 2013 (AS 2013 3493; BBl 2012 6941). SR 360
Art. 32 Cooperation with foreign prosecution authorities
1 The cooperation of the Reporting Office with foreign prosecution authorities is governed by Article 13 paragraph 2 of the Federal Act of 7 October 1994 on the Central Offices of the Federal Criminal Police. 2 ... 3 The name of the person who made the report on behalf of the financial intermediary or the dealer or who complied with the duty to provide information under Article 11a may not be passed on by the Reporting Office to foreign prosecution authorities.
Art. 32 — Amended by No I of the FA of 21 June 2013, in force since 1 Nov. 2013 (AS 2013 3493; BBl 2012 6941). Para. 1 — SR 360 Para. 2 — Repealed by No I of the FA of 21 June 2013, with effect from 1 Nov. 2013 (AS 2013 3493; BBl 2012 6941). Para. 3 — Inserted by No I 4 of the FA of 3 Oct. 2008 on the Implementation of the revised Recommendations of the Financial Action Task Force (AS 2009 361; BBl 2007 6269). Amended by No I 7 of the FA of 12 Dec. 2014 on the Implementation of the 2012 revision